the FIFO process in BEC and consequences

antonioa77

Registered Users (C)
the latest update from DOL is that RIR and regualr non RIR cases will be waiting in the same queue in the BEC. this means that the RIR people will wait forever especially they will wait most for the bulk of the backlog caused by section 245 (i) effective april 2001.

it is really a catastrophe for RIR people.therefore, i was thinking the only way to go out of this, is to go via PERM although i will loose the PD but in this case i will have more chance now to get through the LC than waiting for another 2 or 3 if not more years to get my RIR cleared. i applied RIR in early 2004 and still pending. i'm under EB2 and from a country with low volume of immigrants to USA.

what do u think about this scenario and is it worht to take this risk?
 
Solution

There dosen't seem to be any hope of getting it any sooner and we and our family's future remains uncertain. I would suggest you to File for Canadian immigration and immigrate there . They would happily accept the deserving people and respect your skills and what you bring to them. I did the same thing. (I am not selling any thing, but giving you a advice).

Looking at Social Security breakdown, medical insurrances going up and unfriendly policies for immigrants i think it makes sense to give a thought whether you want your kids and family to live and make their future in US or in Canada.
God Bless America.
 
sainwa said:
There dosen't seem to be any hope of getting it any sooner and we and our family's future remains uncertain. I would suggest you to File for Canadian immigration and immigrate there . They would happily accept the deserving people and respect your skills and what you bring to them. I did the same thing. (I am not selling any thing, but giving you a advice).

Looking at Social Security breakdown, medical insurrances going up and unfriendly policies for immigrants i think it makes sense to give a thought whether you want your kids and family to live and make their future in US or in Canada.
God Bless America.

Did you already get your Canadian PR card? If yes, what are the restrictions? How many days do you have to stay in Canada per year to maintain PR status without losing it? How long does it take to get a Canadian PR (start to finish)? Please advise.
 
mvinays said:
Did you already get your Canadian PR card? If yes, what are the restrictions? How many days do you have to stay in Canada per year to maintain PR status without losing it? How long does it take to get a Canadian PR (start to finish)? Please advise.

well, the whole process to get th permanet resident card to canada is 1 year through buffalo consulate if u r in usa. i did it as a backup. i will get it soon hopefully. when u have the permanet residernt card u have to stay 3 yrs out iof 5 yrs to get the passport. it is much easier than usa.
 
antonioa77 said:
the latest update from DOL is that RIR and regualr non RIR cases will be waiting in the same queue in the BEC. this means that the RIR people will wait forever especially they will wait most for the bulk of the backlog caused by section 245 (i) effective april 2001.

it is really a catastrophe for RIR people.therefore, i was thinking the only way to go out of this, is to go via PERM although i will loose the PD but in this case i will have more chance now to get through the LC than waiting for another 2 or 3 if not more years to get my RIR cleared. i applied RIR in early 2004 and still pending. i'm under EB2 and from a country with low volume of immigrants to USA.

what do u think about this scenario and is it worht to take this risk?

could u answer my question above?
 
RIR folks filing in 2003-2004 will be the worst hit. the same queue means you will not even be touched till late 2006. 2 years is what the DOL claims. Already they are reneging and going with '24 to 30 months from march 28th'. It will become 30-36, and then 36-48 months soon. And the process hasnt even been started.

My advice would be to withdraw and file PERM. Atleast you will be guaranteed a decision in a short time. Even if the decision is no, you will be clear about your future, and can further your career accordingly.

Hanging on to the same employer forever hoping that labor is cleared has harmed my growth severely. If I was job-hopping every 2 yrs, I am sure I would be better rewarded, and would have moved up higher both in experience and pay. I dont know how many thousands have stagnated for this pipe dream which may never be realised.

Dont bet everything on a green card. USA has been a golden country, and is the pride of the world. But that's holding on to its past. You should evaluate what its future holds... If anything is causing so much anguish and lament, maybe its not worth it.


These are just my opinions, and what I am going to do. Please consult your lawyer for what you should do.. I had probably forseen this, and had filed for canadian immigration in jul 2004. Waiting for that decision too in a few months.

Regards,
S.
 
antonioa77 said:
the latest update from DOL is that RIR and regualr non RIR cases will be waiting in the same queue in the BEC. this means that the RIR people will wait forever especially they will wait most for the bulk of the backlog caused by section 245 (i) effective april 2001.

it is really a catastrophe for RIR people.therefore, i was thinking the only way to go out of this, is to go via PERM although i will loose the PD but in this case i will have more chance now to get through the LC than waiting for another 2 or 3 if not more years to get my RIR cleared. i applied RIR in early 2004 and still pending. i'm under EB2 and from a country with low volume of immigrants to USA.

what do u think about this scenario and is it worht to take this risk?


I think in your case applying through PERM makes sense if you can still qulaify for EB2 under the new guidelines.

Good Luck.
 
APD said:
I think in your case applying through PERM makes sense if you can still qulaify for EB2 under the new guidelines.

Good Luck.

well i don't know exactly the new guidlines to be qualified for PERM. but i have in my current RIR description an MS degree with no experience. so am I still EB-2 under PERM?could u explain what r the new guidelines?
 
please correct me if i am wrong.

the latest update from DOL is that RIR and regualr non RIR cases will be waiting in the same queue in the BEC. this means that the RIR people will wait forever especially they will wait most for the bulk of the backlog caused by section 245 (i) effective april 2001.

I might be wrong here but I really don’t see any problem in having one queue for RIR and Non-RIR as long as it is only for regional cases. I guess Non-RIR cases at regional level were ahead of RIR cases. Please correct me if I am wrong.

It could be problematic if there is once queue for Regional and state as well as the same queue for RIR and Non-RIR.

Is there only one queue for Regional and State cases?


please correct me if i am wrong.
 
antonioa77 said:
well i don't know exactly the new guidlines to be qualified for PERM. but i have in my current RIR description an MS degree with no experience. so am I still EB-2 under PERM?could u explain what r the new guidelines?


It depends. Your earlier Job Title under DOT may have the ncessary education level as Masters Degree while the same Job Title under the new ONET may have the necessary education level as Bachelors degree.

Check it out on http://online.onetcenter.org

It is quite confusing and no one has clear answer to these questions at this point in time.

Good luck.
 
Should BEC approved LC be the final reginoal LC?

Prior to 2004, to get LC you need to get state first then get regional.

My question is, should the BEC approved LC be the final regional LC?

Thanks,
lken
 
APD said:
It depends. Your earlier Job Title under DOT may have the ncessary education level as Masters Degree while the same Job Title under the new ONET may have the necessary education level as Bachelors degree.

Check it out on http://online.onetcenter.org

It is quite confusing and no one has clear answer to these questions at this point in time.

Good luck.

well thanks for the link but i didn't understand honestly how it works. i'm a civil engineer in washington state, but my i750 for RIR says I have an MS with no experience so supposedly i'm under EB-2.

but i went to this ONET site. and if i say civil engineer in washington state it says on top:Typical Educational/Training Level: Bachelor's degree. what does this means? r all civil engineers in washington state whatever is their degree or experience they r categorized as just having a bachelor or in other words under EB-3 category or what?
 
antonioa77 said:
well thanks for the link but i didn't understand honestly how it works. i'm a civil engineer in washington state, but my i750 for RIR says I have an MS with no experience so supposedly i'm under EB-2.

but i went to this ONET site. and if i say civil engineer in washington state it says on top:Typical Educational/Training Level: Bachelor's degree. what does this means? r all civil engineers in washington state whatever is their degree or experience they r categorized as just having a bachelor or in other words under EB-3 category or what?


If you have MS does not mean that you can always file under EB2. The job being offered to you should have minimum education requirment of Masters Degree. If the min. Education required for a particular job or title is Bachelor's Degree and even if you have a masters degree then also it has to be filed under EB-3 . This is what is my understanding.

And what you noticed on ONET is the real confusion and no one has a clear answer at this point. You should check with your lawyer on this before you proceed with PERM.

Good Luck.
 
APD said:
If you have MS does not mean that you can always file under EB2. The job being offered to you should have minimum education requirment of Masters Degree. If the min. Education required for a particular job or title is Bachelor's Degree and even if you have a masters degree then also it has to be filed under EB-3 . This is what is my understanding.

And what you noticed on ONET is the real confusion and no one has a clear answer at this point. You should check with your lawyer on this before you proceed with PERM.

Good Luck.

well the minimum requirement in my current pending application is a master degree with no experience. therefore currently i'm under EB-2 i think right?

but with PERM we don't know yet if this apply, right?
 
Stagnation in US career for Indian Diaspora!

There are many phases immigration process is traversing through.Time and again manifesting the idiocracy at its best with new policies authored under pretentious intentions of improving it and eradicating illegal immigration. And time and again it has proved to be more expensive, resource-consuming, and totally diverted from serving the actual purpose. Not to mention the enormous unfairness it causes to the non-immigrant community who forebear everything played out at it with deliberate silence and bitterness.


Cyber coolies of Indian diaspora living in the united states seem to have learnt the tactics of awaiting the American Dream to come true in the form of a Green Card by 'laying low' their intellectual and technical expertise(and someone forbid,eventually have the expertise vamoose!!).

Some do job-hopping among indian consulting companies (Slave Traders of their own country men, generally owned by some dickhead who was lucky to get a Green Card in the past). Not to mention their degrading negotiations of hourly rates for these professionals.They have played this prostitution business of brains to such a deteriorated level that any typical American IS manager can easily climb up the career ladder with a bravo pat on his back from the CEO of the company for getting "Raj,an indian guy, an enterprise systems' architect at a knock-out price from one of those indian consulting companies!!!"

When per capita income among indians in america is highest compared to any other ethnic group in the country (who knows! some research claims!!), and they seem to pose a threat to the 'white' collared positions of the corporate world, it is indeed in the best interests of the government to show stepmother treatment to the non-immigrant community turning into immigrant community.

I do not have any problem if a country is protecting jobs for its own citizens. Immigration is a privilege and not a right. I totally concur and await my american dream to come true in its own time. But I have problem with the immigration policies imposing unfair rules and regulations over the community that is legally and painstakingly seeking US immigration. Illegal immigration problem lies in the manual labor class of people jumping over the fence or crawling thru under it. I am yet to see some srinivas or raj with H1B who dared to break any type of immigration law consciously.It seldom happens. Corporate America needs manual labor. Strikingly and ironically that is where illegal immigration lies.Stopping a dependent (H4 visa) from getting a driver's license is not going to solve terrorist problems. Terrorists dont have families. Let alone asking his wife to take driving test and get the license so that he can blow up buildings collectively as a family. Talk about family values! Neither do terrorists give rat's ass about informing INS the 'address change' everytime they relocate.

Introducing PERM with 300,000 old labor certification applications already piled up in the lap is a catostrophe. Address the issue at hand first, then seek improvements later. Simple logic went unfathomed by DOL. Introduce more centres at state level. Break down the work if you have more work to handle. Rather they amalgamated all into one messy BRC queue. RIR vs NON-RIR doesnt mean anything anymore. They all crawl at the same pace in FIFO.

In the light of EB2/EB3 discussions, RIR vs NON-RIR categories, PERM and BRC queue chaos, Priority dates and H1 visa extensions beyond 7th year , 8th year(upto infinity.,) etc.,. My take on this would be, TO WAIT and see where it leads. Expecting the worse but hoping for the best.

I am not a liar, seek a professional one before taking any action :)
 
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Had this been a organised labor , things would have been different

Fact :US laws and Government listens only to Corporation's interests. They would mend any law for their capitalist interests.

WHAT YOU ARE: Slave worker of modern world. America has traditionally used slaves in one form or other for the capitalistc gains. The slavery in some way exists today in form of H1Bs.

What you are NOT: You are not a organised labor class. If you would have been a unionised labor class , you could have brought down into knees the powerfull corporates by one call and get your genuine needs met. Just imagine the thought of all H1B workers going into leave for a month (paid / unpaid does not matter). Can u imagine the corporate IT working without the H1B slaves ?

What you need to do : ? I don't know :rolleyes: ...you make the judgement. .I just presented the facts.
 
is it one FIFO or two? could someone clarify?

from MURTHY BULLETIN:


Procedures at BECs

BEC operations have been making progress each day. There are many
challenges because of the large volume of cases. There is a brand new
software system that has glitches and a largely new staff that needs
training. To date, they have sent approximately 26,000 "45-day letters." These
are letters to potential employers essentially verifying whether or not
the employer wishes to pursue the case. Of these, 11,000 had
potentially unnecessary questions about the existence of the company because of
the insufficient database that was in use. They now have other databases
and they will continue to send out these 45-day letters. The DOL
requests that the 11,000 letters also be answered, as this is more efficient
than their having to send out revised letters.

When the BEC gets a case, it goes through data entry and then the
45-day letter is issued. When the response is received, the case is put into
one of the 2 processing streams (RIR or Regular), and those streams are
adjusted for FIFO (first-in / first-out order) on a routine basis
.
Information is in the process of being set up for a public system. Right
now, the Boston and New York regional offices are the only locations with
accurate information available to the public. The initial data entry
that precedes issuance of the 45-day letter is under consideration for
possibly being abbreviated so that the files may more quickly be
identified as having arrived at the BECs. A national database is being
implemented so that it will be possible to call one BEC and get information
about the location of the file, regardless of which BEC has the file.


thanks
NB
 
P.S. the bulletin is dated
VOL. XI, no. 04; January 2005, week 4
Posted : January 28, 2005

i received it today

thanks
 
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