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H1BLegal95
06-14-2007, 12:08 AM
message from IV

Despite the offensive posts and badmouthing on IV site and other sites we are keeping everyone in mind when working on our lobbying effort. We had posted messages in the past about this too. IV does not advice any flower campaign etc without consulting with us. Any wrong move can potentially hurt the interest of this community and the advocacy work we are doing. Please stop posting offensive messages and stop fighting with other members of the community.

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Message from IV for BEC victims

We are aware of the issue and if there is any acion item, we will post it.

also be aware of what we posted earlier on this issue:
http://immigrationvoice.org/forum/showthread.php?t=6084
http://immigrationvoice.org/forum/showthread.php?p=100024#post100024
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Years we have been told priority date establishes your place in the queue.

We have spurned job offers and declined the new PERM process to hold on to the priority dates.

Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.

invincibleasian
06-14-2007, 12:12 AM
Years we have been told priority date establishes your place in the queue.

We have spurned job offers and declined the new PERM process to hold on to the priority dates.

Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.


Dude life is not fair accept it! :)

mallu
06-14-2007, 12:13 AM
........... Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.

There will be a few lucky ones indeed. Those who get I-485 cleared within 3 - 4 months. But retrogression will kick in ( as applications get approved ) and the PD of 2003,2004 etc will become valuable.

anandrajesh
06-14-2007, 12:14 AM
Years we have been told priority date establishes your place in the queue.

We have spurned job offers and declined the new PERM process to hold on to the priority dates.

Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.

Why do you want a spoilsport bro. Everybody is rejoicing this moment. Let us not spoil everybody's moment here. I agree with ur reasoning, but the fact that everybody can apply for 485 brings justice to everybody. My PD is Mar 2004 and i am equally happy for all who can apply 485.

raj2007
06-14-2007, 12:15 AM
There will be a few lucky ones indeed. Those who get I-485 cleared within 3 - 4 months. But retrogression will kick in ( as applications get approved ) and the PD of 2003,2004 etc will become valuable.


It happened in 1999-2000 when they made all the dates current for 3 months and after that it went back by 3 years.But good thing this time is that you can change the jobs after 6 months.

dionysus
06-14-2007, 12:15 AM
Well it is worse than you thought.

People who haven't even started their green card process yet can buy a labor from any bodyshop, use it to file their 140 and 485 concurrently and get a foothold in the great american GC mela. Howzaat.


Years we have been told priority date establishes your place in the queue.

We have spurned job offers and declined the new PERM process to hold on to the priority dates.

Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.

peer123
06-14-2007, 12:18 AM
Well it is worse than you thought.

People who haven't even started their green card process yet can buy a labor from any bodyshop, use it to file their 140 and 485 concurrently and get a foothold in the great american GC mela. Howzaat.

I am not negative if I say --- most IV member want to change job--- frustration with status co may be... --- feeling exploited... --- may be....

stuckinmuck
06-14-2007, 12:19 AM
Sorry to hear about your situation but there is a small glimmer of hope. As per the deadline set for clearing labor backlogs, DOL has targeted it for September 2007. And as per the bulletin today, the visa numbers are expected to be current until at least October of this year. So let's hope your labor gets cleared by then and you can then concurrently file for I-140 and I-485.

Years we have been told priority date establishes your place in the queue.

We have spurned job offers and declined the new PERM process to hold on to the priority dates.

Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.

factoryman
06-14-2007, 12:21 AM
My PD is Nov 2001. It became current last month. Filed 485 this month. Now I see people with 2007 PDs eligible to file. Can't complain. Take it as it comes and proceed. You are not a player in these. You are only a spectator.

All will be fine. Good luck.

Years we have been told priority date establishes your place in the queue.

We have spurned job offers and declined the new PERM process to hold on to the priority dates.

Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.

acecupid
06-14-2007, 12:36 AM
Years we have been told priority date establishes your place in the queue.

We have spurned job offers and declined the new PERM process to hold on to the priority dates.

Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.

You have to take things in your stride man. We all know this whole process is broken, but lets cheer for our fellowmen who are lucky to apply for I-485. Your time will come around soon. Cheer up!;)

franklin
06-14-2007, 12:39 AM
Years we have been told priority date establishes your place in the queue.

We have spurned job offers and declined the new PERM process to hold on to the priority dates.

Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.

I totally feel for you right now. A lot of people are celebrating the unexpected news, and those that have applied for labor possibly MUCH earlier are still stuck.

Let's hope that the BEC keep to their new revised deadline and the Visa Bulletins remain rosy for you

Green_Always
06-14-2007, 12:41 AM
This is really Crazy....

People are waiting form 2001 for GC and these guys have open flood gates.. and I have been seeing approvals for 2003 / 2004 cases.. and no wonder they will approve next month cases also..

Where is the Justice?

Not sure.. how this kind of advanced country can do things like this very happazzard with out proper process and procedures.

Not sure what they are up to..

Probally they will get more papers on illegals now..

only thing they have to outsource this process to India / China.. to move things fast.

Dont know if we need to laugh or cry at these people procedure and process..

Hope things will go as First In First Out which is ethical and justification way to move things.

Hope some one from high level of USCIS looks at my message and take necessary actions and set right there process and procedures..

no other words to explain this Irony of Life..

TKS & RGRDS.

Regal22
06-14-2007, 12:41 AM
It is obvious that DOL backlog center is processing cases with utter disregard to FIFO procedures. Some people with priority dates in 2004 or 2005 have obtained their labor certifications, but some people with priority dates in 2001 or 2002 still do not know what is happening to their cases. If we file lawsuit against DOL on their inability to maintain FIFO procedures, what are the chances of success? Their inability to maintain FIFO procedures has brought great misery in lives of the people who stood in line for so many years so patiently.

satishku_2000
06-14-2007, 12:44 AM
It is indeed unfair to the people whose applications are struck in BEC forever. The people who are still stuck in BEC are the very first ones to enter the queue. The BECS are now processing oldest cases now.

My guess is dates are going to move back by september any way and the probability of one getting GC who files in next month before the dates move back is very low.

Most of us here have to get ready for 5 or 6 years on EAD any way.

senthil1
06-14-2007, 01:13 AM
Why can't you search for preapproved labor to file I485 quickly?

It is indeed unfair to the people whose applications are struck in BEC forever. The people who are still stuck in BEC are the very first ones to enter the queue. The BECS are now processing oldest cases now.

My guess is dates are going to move back by september any way and the probability of one getting GC who files in next month before the dates move back is very low.

Most of us here have to get ready for 5 or 6 years on EAD any way.

satishku_2000
06-14-2007, 01:39 AM
Why can't you search for preapproved labor to file I485 quickly?


I have my own labor approved with a PD of 2004 and 140 pending. Thanks for the suggestion.

You know what some desi companies are sending emails too , saying they have pre approved labors....

It is totally unfair for the people whose applications are pending in BECS since 1999.

adde72
06-14-2007, 01:44 AM
I have my own labor approved with a PD of 2004 and 140 pending. Thanks for the suggestion.

You know what some desi companies are sending emails too , saying they have pre approved labors....

It is totally unfair for the people whose applications are pending in BECS since 1999.

Nothing is fair in this world..Take life as it comes.Let join to celebrate the event

akred
06-14-2007, 02:28 AM
Years we have been told priority date establishes your place in the queue.

We have spurned job offers and declined the new PERM process to hold on to the priority dates.

Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.

My advice to you is to beg, borrow, steal or kill but find a way to file for the I485. The benefits of filing for AOS - specially if you have a spouse who cannot work - far outweigh any short term struggle you may have to endure.

somegchuh
06-14-2007, 03:08 AM
H1BLegal95,
I couldn't agree more with you. This is the worst thing to happen for ppl who have been patiently waiting in BEC lines since 2001 !!! Essentially this means that dates will get current for all the PERM filers since Mar 2005, giving them the advantage of AC21 while leaving simple ppl like you stuck. And then by the time your labor gets approved dates may not be current anymore.
But unless you are the type of person who's willing to get into buying labor certification there is nothing you can do! Is it unfair, hell yeah! Life's a b****. But remember you are getting screwed now others have either been screwed at some other point or will get screwed later. We all get screwed :D


anandrajesh,
Are yuou out of your mind? You are asking a man who has been waiting in line since 2003 a spoilsport? If he was really a spolisport who would bought his way out by now. You want him to celebrate while you get AC21 and he's left waiting again? You have some nerve!
Why do you want a spoilsport bro. Everybody is rejoicing this moment. Let us not spoil everybody's moment here. I agree with ur reasoning, but the fact that everybody can apply for 485 brings justice to everybody. My PD is Mar 2004 and i am equally happy for all who can apply 485.

mihird
06-14-2007, 04:04 AM
H1BLegal95,
I couldn't agree more with you. This is the worst thing to happen for ppl who have been patiently waiting in BEC lines since 2001 !!! But remember you are getting screwed now others have either been screwed at some other point or will get screwed later. We all get screwed :D

I couldn't agree more. I am one of the lucky PERM filers with a 2006 PD who will get to file the 485 next month....but doesn't mean, I haven't been screwed before.

DOL screwed me the very first time in 2001 with my RIR labor....after 2 years they remanded it back to traditional labor...since 2003 it had been languishing in the labor queue and then at the BEC until finally in 2005, I lost my job...

After 4 years of struggle with the DOL, all I got was to start everything all over again in late 2005....In 2005 when I started this new job, the 485 filing looked almost 5 years away...through all of this me and wife had started living separately due to our professions and respective H1s...

Up until May of this year, it almost seemed like nothing was going to change and we will have to keep up with this wait and separation at least for the next 3 years or so...

But, we do get to see the light at the end of the tunnel now..

lonedesi
06-14-2007, 07:01 AM
I agree with you that this isn't just fair to people who are stuck in DOL. People who have been waiting for years together will continue waiting while people who got their PERM approved as recently as this year will file for 485. Where is the justice in this? I guess DOS & USCIS have no clue what they are doing as far as the PD's are considered. Couple of months back they had retrogressed as far as 2001 (EB3) & 2003 (EB2) and now they have all become current. How can this possibly happen?
Few of my friends purchased pre-approved labors paying thousands of dollars (which I don't approve anyways) and now they feel cheated having wasted the money for nothing.
I am happy that at least the recent applicants do not have to go through the ordeal which most of the members of IV had to deal with for few years now. My sincere hope is that they value their GC as much as people who have been stuck in this backlogs. It would be a very ungrateful of them, if they think that getting GC's is a piece of cake and it can be obtained in a year. I hope & pray that PD remains current for few more months so that people stuck in DOL have an opportunity to file their 485's soon.


Years we have been told priority date establishes your place in the queue.

We have spurned job offers and declined the new PERM process to hold on to the priority dates.

Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.

ppt.b
06-14-2007, 07:12 AM
I agree with you that this isn't just fair to people who are stuck in DOL. People who have been waiting for years together will continue waiting while people who got their PERM approved as recently as this year will file for 485. Where is the justice in this? I guess DOS & USCIS have not clue what they are doing as far as the PD's are considered. Couple of months back they had retrogressed as far as 2001 (EB3) & 2003 (EB2) and now they have all become current. How can this possibly happen?
Few of my friends purchased pre-approved labors paying thousands of dollars (which I don't approve anyways) and now they feel cheated having wasted the money for nothing.
I am happy that at least the recent applicants do not have to go through the ordeal which most of the members of IV had to deal with for few years now. My sincere hope is that they value their GC as much as people who have been stuck in this backlogs. It would be a very ungrateful of them, if they think that getting GC's is a piece of cake and it can be obtained in a year. I hope & pray that PD remains current for few more months so that people stuck in DOL have an opportunity to file their 485's soon.

Agreed, It is very unfortunate for people stuck in backlogs and I feel your pain... But would you rather have seen USCIS waste over 40000 visas by the end of the year without any PD movement (as reported by some on this forum)? We would have had another thread here blasting the inefficiency and unfairness of USCIS.

Bottomline, I would not like to work in USCIS right now.. They are basically damned if they do, damned if they dont. That said, I do hope that BECs get their act together like USCIS is trying to and get everyones labor cleared by the deadline before the next retrogression hits.

chanukya
06-14-2007, 07:22 AM
INS needs money, best strategy stop all 485 for couple of months, let them back log, we will raise the fees exhorbitantly across board to 485/EAD/AP etc, then make everything current, ecpecially INDIA/CHINA that's where the money flow is from, but lets not make it obvious and dubious, we will move forward the dates for couple of years for June and make it current for July (remember July1 is the date new fees kick in), and then make sure everbody files and after 2 months, we will retrogress back to 3 or 4 years back to where we started so that conservative politicians are happy, that way we will have everbody in the INS Casino, no going out, keep renewing by paying more and more fees, INS haapy, I-485 applicants are in make belive happiness as spouces and children get EAD"

chanduv23
06-14-2007, 07:22 AM
Agreed, It is very unfortunate for people stuck in backlogs and I feel your pain... But would you rather have seen USCIS waste over 40000 visas by the end of the year without any PD movement (as reported by some on this forum)? We would have had another thread here blasting the inefficiency and unfairness of USCIS.

Bottomline, I would not like to work in USCIS right now.. They are basically damned if they do, damned if they dont. That said, I do hope that BECs get their act together like USCIS is trying to and get everyones labor cleared by the deadline before the next retrogression hits.

As dates will remain current for a while, and when dates retrogress - my take is they may not retrogress to a degree where backlogged applications are dated. So as approvals keep coming out of BECs the PDs of those backlogged till now may be eligible for filing 485.

This is my take. I write this because I understand your frustrations. The game is not over - I have a feeling that a lot of people will be on EAD status for a while

Lucky7
06-14-2007, 07:34 AM
Now that all dates are current and it is CLEAR that the Immi-system if fed enough money will give you what you want,i think Immigrant voice should start campaigning for Premium Processing in 485 stage.

Offer $5,000 per application to get answer within 90 days guranteed and i bet you they will put this into effect by next year.

As far as the unfairness issue,i am just glad that at least we will be able to change employers after 6 months and have AP.

By the way i waited 6 yrs in DBEC hell for LC approval so i know what stress those poor souls still trapped their feel like seeing this and wondering if they will get LC approval on time.

dwl800
06-14-2007, 09:00 AM
Agreed, It is very unfortunate for people stuck in backlogs and I feel your pain... But would you rather have seen USCIS waste over 40000 visas by the end of the year without any PD movement (as reported by some on this forum)? We would have had another thread here blasting the inefficiency and unfairness of USCIS.

Bottomline, I would not like to work in USCIS right now.. They are basically damned if they do, damned if they dont. That said, I do hope that BECs get their act together like USCIS is trying to and get everyones labor cleared by the deadline before the next retrogression hits.

I mean even if some of guys had their PD current, USCIS did not approve the I-485. They said that all the I-485's are preadjudicated but did we see flood of approvals....? NO... To say that 40000 visas will be wasted is wrong. I bet there are 40000 Employment based 485's pending at USCIS right now with PD's before 2005. So why not make PD 2005? This is just a stunt by USCIS to get as many I-485 applications and get money from EAD and AP for 4-5 years... Thats my thought...! Any buyers!!!

chinna2003
06-14-2007, 09:07 AM
My wife is eligible for fling for AOS right now , however she has already accepted a position with different salary and designation with the same employer and asked the employer to file a new H1 b, I dont believe its been filed yet. We never thought the dates would be current in our life time

We are thinking of refusiong the promotion offer, however the boss is willing to helo keep the new job waiting for her and continue her green card processing in the current designation
1. I know you can change jobs after 6 months of I-485 filing.at that point can she use the EAD to work at this new job or she can only port the EAD to a similar occupation?
2. Other scenario is then have to a future job offer for the category that she has applied to green card through either from the same employer or a different one.. and asking for a H-1 B for the job with a higher salary?
3. If the spouse derivative uses the EAD can the primary applicant stay on H-1 b Status without using her EAD or is it going to be considered as though she used her EAD and hence no longer in H-1B?

Libra
06-14-2007, 10:58 AM
Ask your employer keep everything ready backlogs will be cleared by sep 30, hope you get your LC before that and you can apply for 140 & 485 concurrent. I know it is unfair, we can't help but act smart.

Years we have been told priority date establishes your place in the queue.

We have spurned job offers and declined the new PERM process to hold on to the priority dates.

Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.

amit_p27
06-14-2007, 10:58 AM
My advice to you is to beg, borrow, steal or kill but find a way to file for the I485. The benefits of filing for AOS - specially if you have a spouse who cannot work - far outweigh any short term struggle you may have to endure.

Dear friend akred,

One question for you my friend, ask your consience.

your advice to BEG, Borrow, STEAL or KILL, is this how we should conduct ourself in the society. Do you want such kind of society. Is it good to profess anger, decit and violence in society. (think what our kids will face when they grow up.) ?

As a devote Hindu, I live by Hindu way of life, and I Hope you do too, I PRAY to you, can you PLEASE implement this way of life in your normal daily life, you will see the difference yourself.

Not meaning to anger you, Sorry in advance if I have hurt you. I pray you will change.

OM !!!!;)

diptam
06-14-2007, 11:06 AM
Why can't you search for preapproved labor to file I485 quickly?

Your last date to find and file a Pre-approved LABOR is July 17th ....
a little more than a Month...

GCwaitforever
06-14-2007, 11:12 AM
Backlog Centers
AJB to AJE

In anticipation of America's Job Bank (AJB) ceasing operations as a recruitment tool, the Backlog Elimination Centers (BECs) will be switching to America's Job Exchange (AJE) as an alternative site for posting recruitment advertisements for backlogged Foreign Labor Certification recruitment activity. AJE is one of the alternatives authorized by the Employment and Training Administration (ETA). The BECs have coordinated with AJE staff and we believe this transition will cause little if any disruption. According to the description provided by AJB, "AJE will offer the same national labor exchange services that AJB provided … [using] the same screens and functions as AJB ensuring a seamless transition between sites."

Because AJB is going to stop operations by June 30, 2007, in order to ensure full recruitment periods, the BECs will switch to AJE as of June 1, 2007. Therefore, employers and job seekers will be able to find the job postings on AJE starting on June 1st. Advertisements posted on AJB prior to June 1st will continue on AJB through their full recruitment periods on AJB.

AJE can be found at: http://www.americasjobexchange.com/

kalyan
06-14-2007, 11:23 AM
Hi

I agree there is lot of injustice to applicants stuck in pre perm system. But with elimination of LC substitution and a timeline of 45 days between LC and 140,

tons of pre perm applications after approved will go nuts becoz the candidates have already left the employers .

I am sure that dates will remain current in August also. I believe INS will give EAD and will let all wait for GC therefore needs to go to Parole. Once you are in AP, that means, you all are golden eggs laying ducks to INS everyyear.

One +ve plus for is , DESI companies are gone and we can change jobs but its premium price for lot of guys for years to pay .

Good. My LC is not even started. I am holding my breathe and congratulations to all my brothers and sisters who can file 485.

Good Luck

akred
06-14-2007, 11:34 AM
Dear friend akred,

One question for you my friend, ask your consience.

your advice to BEG, Borrow, STEAL or KILL, is this how we should conduct ourself in the society. Do you want such kind of society. Is it good to profess anger, decit and violence in society. (think what our kids will face when they grow up.) ?

As a devote Hindu, I live by Hindu way of life, and I Hope you do too, I PRAY to you, can you PLEASE implement this way of life in your normal daily life, you will see the difference yourself.

Not meaning to anger you, Sorry in advance if I have hurt you. I pray you will change.

OM !!!!;)

On a philosophical note, you have to do what you must. Everything has its time and place - anger and violence are valuable tools and sometimes violence is noble when you are confronted by evil - perhaps the only thing out of place is "steal".

Anyway, companies have pre-approved labors that are expiring in a month. The dramatic language was to convey the message that this is the time for action.

msp1976
06-14-2007, 11:56 AM
H1BLegal95,
I couldn't agree more with you. This is the worst thing to happen for ppl who have been patiently waiting in BEC lines since 2001 !!! Essentially this means that dates will get current for all the PERM filers since Mar 2005, giving them the advantage of AC21 while leaving simple ppl like you stuck. And then by the time your labor gets approved dates may not be current anymore.
But unless you are the type of person who's willing to get into buying labor certification there is nothing you can do! Is it unfair, hell yeah! Life's a b****. But remember you are getting screwed now others have either been screwed at some other point or will get screwed later. We all get screwed :D


anandrajesh,
Are yuou out of your mind? You are asking a man who has been waiting in line since 2003 a spoilsport? If he was really a spolisport who would bought his way out by now. You want him to celebrate while you get AC21 and he's left waiting again? You have some nerve!


I am in the same boat as H1BLegal95..
My labor Jul 2004 is stuck in PBEC...

franklin
06-14-2007, 12:03 PM
I am appalled at the insensitivity and selfishness of some of the posters here.

Those of you who have just had good news yesterday that YOU are ok should be ASHAMED of yourselves by telling people in a much more depressing situation to lighten up.:confused:

skv
06-14-2007, 12:03 PM
My earlier case was a horrible story, Non-RIR PD Apr 2001, left the firm before it got approved. :-(

Now I need some luck to get the new one through. :-)

iambest
06-14-2007, 12:14 PM
LC stuck in DBEC......I submitted my final documents end of May and hoping to get my LC certified end of this month (fingers crossed).

vik_tx
06-14-2007, 12:24 PM
had a similar issue.. labor was stuck in the backlog ctr for 4 years.. Tired of waiting - i then directed my lawers to request the dol for a screenshot, ven though my h-1b was valid and i did not actually need it.. lo and behold.. 15 days after that .. it was miraclously approved.. I suggest you try the same.. Something in the screen-shot process triggered my labor review ..

wolfsappi
06-14-2007, 01:50 PM
My status online said LC completed as early as May 1. The lawyers still havent received the papers and so cant apply for my 140/485. Very very frustrated. :mad:

arihant
06-14-2007, 02:03 PM
As dates will remain current for a while, and when dates retrogress - my take is they may not retrogress to a degree where backlogged applications are dated. So as approvals keep coming out of BECs the PDs of those backlogged till now may be eligible for filing 485.

This is my take. I write this because I understand your frustrations. The game is not over - I have a feeling that a lot of people will be on EAD status for a while
All those who are still waiting in BEC black hole, I feel for you. I was stuck in BEC for four years. Only managed to get out a couple of months ago after they allowed TR cases to be converted to RIR.

I tend to think the same way as chanduv23. Our final goal is a Green card, and it may still turn out that the people who are currently still waiting in BEC may end up getting their GC in hand before many of the ones that can apply for 485 in July.

The reason is that USCIS has clearly stated that it will retrogress big time in September. So, people with recent PDs may get to file their 485 but may have to wait for a long time for their PD to become current again to get the approval notice (folks, I am not wishing ill against any group here! I wish we all got our GCs ASAP. But since that is not going to happen, just trying to analyze facts). On the other hand, if BEC comes through with their sep 07 prediction, then these people with much older PDs may be able to apply for their 140/485 at that time and may end up getting their GC 6-12 months later because their PDs will still be current at the time of approval (Of course, this is assuming that they will not get caught in the Name Check Black hole)

So, all those who are still stuck in BEC, please hang in there, your day of freedom will arrive (maybe sooner than you are currently thinking).

GotGC??
06-14-2007, 02:12 PM
Totally agree! I was appalled by some peoples suggestion to those still stuck in BEC to "enjoy the moment" on behalf of others and "not to be a spoilsport". It is really very unfair, but you know what, like arihant says, it'll be like, "See you at IV in September" (when the October VB comes out) to continue.

Only difference is, you'd have "filed" 485 and if lucky you'd have gotten a receipt, because you might as well kiss your AP & EAD goodbye because there is no way they can process this ton load of apps any time soon.

I hope USCIS finally sees the injustice that has be meted out to the all the folks - whether in BEC or not - and process the application in a FIFO basis.

All those who are still waiting in BEC black hole, I feel for you. I was stuck in BEC for four years. Only managed to get out a couple of months ago after they allowed TR cases to be converted to RIR.

I tend to think the same way as chanduv23. Our final goal is a Green card, and it may still turn out that the people who are currently still waiting in BEC may end up getting their GC in hand before many of the ones that can apply for 485 in July.

The reason is that USCIS has clearly stated that it will retrogress big time in September. So, people with recent PDs may get to file their 485 but may have to wait for a long time for their PD to become current again to get the approval notice (folks, I am not wishing ill against any group here! I wish we all got our GCs ASAP. But since that is not going to happen, just trying to analyze facts). On the other hand, if BEC comes through with their sep 07 prediction, then these people with much older PDs may be able to apply for their 140/485 at that time and may end up getting their GC 6-12 months later because their PDs will still be current at the time of approval (Of course, this is assuming that they will not get caught in the Name Check Black hole)

So, all those who are still stuck in BEC, please hang in there, your day of freedom will arrive (maybe sooner than you are currently thinking).

mmrao2007
06-14-2007, 02:15 PM
All those who are still waiting in BEC black hole, I feel for you. I was stuck in BEC for four years. Only managed to get out a couple of months ago after they allowed TR cases to be converted to RIR.

I tend to think the same way as chanduv23. Our final goal is a Green card, and it may still turn out that the people who are currently still waiting in BEC may end up getting their GC in hand before many of the ones that can apply for 485 in July.

The reason is that USCIS has clearly stated that it will retrogress big time in September. So, people with recent PDs may get to file their 485 but may have to wait for a long time for their PD to become current again to get the approval notice (folks, I am not wishing ill against any group here! I wish we all got our GCs ASAP. But since that is not going to happen, just trying to analyze facts). On the other hand, if BEC comes through with their sep 07 prediction, then these people with much older PDs may be able to apply for their 140/485 at that time and may end up getting their GC 6-12 months later because their PDs will still be current at the time of approval (Of course, this is assuming that they will not get caught in the Name Check Black hole)

So, all those who are still stuck in BEC, please hang in there, your day of freedom will arrive (maybe sooner than you are currently thinking).

My prayers are with you all guys who are stuck at BECs and waiting for more than threes like I did. As someone said, Good things come to those who waits.

imneedy
06-14-2007, 02:33 PM
(remember July1 is the date new fees kick in)

The new fee structure is effective on July 30, 2007, and is posted at www.uscis.gov.

Where did you see July 1 date?

somegchuh
06-14-2007, 02:57 PM
I can't tell you how p***d I was when I read someone suggesting ppl to "enjoy the moment". For someone who has been waiting 3-4 years for labor to clear and sees ppl getting in front of the line to get the EAD/AP, its just insane. And to tell that person to be not a "spoilsport" is just rubbing salt in their wounds!

To my friends who are still stuck in PBEC, please have faith. You will hopefully be able to file 485 even after Sept when the dates retrogress again. My gut feeling is that dates will retrogress back to 2004 again. 2005 is when PERM started and that's where the bulk of applicants will come from right now. PERM filers will get the advantage of AC21 that you didn't have for all these years but plight of ppl stuck in BEC's has never been on anyone's agenda. So not much you can do.


Totally agree! I was appalled by some peoples suggestion to those still stuck in BEC to "enjoy the moment" on behalf of others and "not to be a spoilsport". It is really very unfair, but you know what, like arihant says, it'll be like, "See you at IV in September" (when the October VB comes out) to continue.

Only difference is, you'd have "filed" 485 and if lucky you'd have gotten a receipt, because you might as well kiss your AP & EAD goodbye because there is no way they can process this ton load of apps any time soon.

I hope USCIS finally sees the injustice that has be meted out to the all the folks - whether in BEC or not - and process the application in a FIFO basis.

jonty_11
06-14-2007, 03:06 PM
There are no 2 ways to this.. it is injustice and screwed up process of DOL and USCIS.....but the situation (DOL) is no different than 1 day ago. it should not warrant you to start this thread.

GCwaitforever
06-14-2007, 03:13 PM
This all comes down to the political appointees at high posts at DOL/USCIS. President Bush does not nominate them based on merit, effective leadership qualities, and compassion for workers. It is all done on loyalty basis and party politics.

Because courts do not intervene or past attempts at litigation failed, all these people are sitting pretty. Shame on them.

GotGC??
06-14-2007, 03:16 PM
Oh Yeah??

So why didn't we accept the current retrogression as "injustice and screwed up process of USCIS" and just sat tight? Why did IV get started? Why threadful of messages moaning in agony over the retrogression? What warranted those threads, and for that matter, IV then?

There are no 2 ways to this.. it is injustice and screwed up process of DOL and USCIS.....but the situation (DOL) is no different than 1 day ago. it should not warrant you to start this thread.

caydee
06-14-2007, 03:19 PM
Why can't you search for preapproved labor to file I485 quickly?

Your suggestion surprises me.

jonty_11
06-14-2007, 03:22 PM
Oh Yeah??

So why didn't we accept the current retrogression as "injustice and screwed up process of USCIS" and just sat tight? Why did IV get started? Why threadful of messages moaning in agony over the retrogression? What warranted those threads, and for that matter, IV then?
You can do as you please....I know IV will keep running and working for everyone of its members...No one is stopping u sfrom starting new threads...

satishku_2000
06-14-2007, 03:24 PM
I can't tell you how p***d I was when I read someone suggesting ppl to "enjoy the moment". For someone who has been waiting 3-4 years for labor to clear and sees ppl getting in front of the line to get the EAD/AP, its just insane. And to tell that person to be not a "spoilsport" is just rubbing salt in their wounds!

To my friends who are still stuck in PBEC, please have faith. You will hopefully be able to file 485 even after Sept when the dates retrogress again. My gut feeling is that dates will retrogress back to 2004 again. 2005 is when PERM started and that's where the bulk of applicants will come from right now. PERM filers will get the advantage of AC21 that you didn't have for all these years but plight of ppl stuck in BEC's has never been on anyone's agenda. So not much you can do.


In this process everyone gets screwed onetime or other . Everyone knows that dates will move back but the advantage of filing now is the applications enter into preprocessing stage after 10 months or whatever.

People should look at anywhere between 3 to 10 years depending on priority date to get GC.

senthil1
06-14-2007, 03:29 PM
I know it is not correct way. But those who are waiting for long time worth to try. Anyhow most of the persons are eligible to file 485. Few thousand substitutions will not make much difference.

Your suggestion surprises me.

paskal
06-14-2007, 03:32 PM
to all BEC folks:

your anguish is so very legitimate. i, for one, feel truly bad for you.
you deserved relief and nothing has come so far.
there is no harm in venting your frustration on a thread, i don't think anyone can blame you for feeling screwed.

but peace friends, iv's fight is not over by a long shot. we stand together for relief for all- including you. i hope that BEC releases the approvals quickly, and you guys will certainly be current. in fact you will have GC long before many filing 485's now.

let's keep working, keep lobbying, keeping fighting the good fight and please don't despair. we are all with you.

i hope i speak on behalf of all fair minded iv members- and there are plenty.

perm2gc
06-14-2007, 03:35 PM
to all BEC folks:

your anguish is so very legitimate. i, for one, feel truly bad for you.
you deserved relief and nothing has come so far.
there is no harm in venting your frustration on a thread, i don't think anyone can blame you for feeling screwed.

but peace friends, iv's fight is not over by a long shot. we stand together for relief for all- including you. i hope that BEC releases the approvals quickly, and you guys will certainly be current. in fact you will have GC long before many filing 485's now.

let's keep working, keep lobbying, keeping fighting the good fight and please don't despair. we are all with you.

i hope i speak on behalf of all fair minded iv members- and there are plenty.
I second your message paskal.

franklin
06-14-2007, 03:40 PM
I second your message paskal.

I third!

somegchuh
06-14-2007, 03:42 PM
GotGC??,
I don't think ppl understand how painful the wait in BEC's has been.

I am really apalled by the ppl in this thread who are saying don't complain about BEC. Their reaction can be summarized as follows:
"We are sorry you got have been getting screwed by BEC for 3-5 years but please be happy for those of us who started in PERM in 2005 and have been moaning about retrogression"

Oh Yeah??

So why didn't we accept the current retrogression as "injustice and screwed up process of USCIS" and just sat tight? Why did IV get started? Why threadful of messages moaning in agony over the retrogression? What warranted those threads, and for that matter, IV then?

HumHongeKamiyab
06-14-2007, 03:43 PM
I feel for you guys.. Least we can do is continue our fight on IV. I am with you Paskal..

venky08
06-14-2007, 03:44 PM
I third!

i fourth :D

syzygy
06-14-2007, 03:51 PM
GC is moving target, looks like some drunkard wakes up one fine morning and randomly moves the priority date value/importance. I know those in such situation may be relatively less in number but I know many who are and repurcussions for this look horrible for people who have not made past this luck test. I was one of the unlucky ones :(. good luck to guys who have moved forward hope you still help rest of us still stuck.



Oh Yeah??

So why didn't we accept the current retrogression as "injustice and screwed up process of USCIS" and just sat tight? Why did IV get started? Why threadful of messages moaning in agony over the retrogression? What warranted those threads, and for that matter, IV then?

vban2007
06-14-2007, 04:01 PM
I totally agree with you guys... We have keep our focust right and keep our fight alive..

CORE please guide us for the next step...

delhirocks
06-14-2007, 04:02 PM
I don't know much about the process...but can't you just scrap your old labor...file with PERM (15 day preperation time, 1 mth Ads, 1 mth waiting period -- puts you in sept 1st), Labor cleared in 3 weeks (sep 21st) and then file 140 & 485 together. Might cost you like 10,000, but in my books its totaly worth it, if you & your wife get an ead even 6 mths earlier.

Years we have been told priority date establishes your place in the queue.

We have spurned job offers and declined the new PERM process to hold on to the priority dates.

Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.

jonty_11
06-14-2007, 04:04 PM
GC is moving target, looks like some drunkard wakes up one fine morning and randomly moves the priority date value/importance. I know those in such situation may be relatively less in number but I know many who are and repurcussions for this look horrible for people who have not made past this luck test. I was one of the unlucky ones :(. good luck to guys who have moved forward hope you still help rest of us still stuck.
given waht everyone has gone thru over these years..and continues to endure... I will continue to support IV and its goals.

iambest
06-14-2007, 04:10 PM
I am talking about the final documents I sent to DBEC (Dallas Backlog center). My priority date is Dec. 2004. My status changed to "CERTIFIED" this afternoon....yahooooooooooo. I was in process this morning and now it is certified. OP hang in there....yours will be cleared soon as well.
Dude my labor was filed in march I do not have it approved as yet!

satishku_2000
06-14-2007, 04:10 PM
Your suggestion surprises me.


This is the same person senthil or whatever his id is, keeps on delivering sermons on how indians and indian consulting companies are responsible for whole GC mess.

My PD dates are current now but I still feel for the people who filed their applications in 2001 and 2002 and cannot get benifits because of BECs...

Ofcourse they will have last laugh at the end of the day...

Good luck to you BEC victims..

makemygc
06-14-2007, 04:13 PM
GC is moving target, looks like some drunkard wakes up one fine morning and randomly moves the priority date value/importance. I know those in such situation may be relatively less in number but I know many who are and repurcussions for this look horrible for people who have not made past this luck test. I was one of the unlucky ones :(. good luck to guys who have moved forward hope you still help rest of us still stuck.

I don't think it's an end of fight for IV or for that matter for us. Ability to file for I485 is just like getting out from one queue and standing in another big one. Once the folks who are stuck in backlog gets their labor will be in front of this big line as you know the priority date counts. Only advantage for the people filing 485 is an EAD, which I know is a big one. With thousands of people filing I485 in July, I believe EAD itself is going to be retrogressed.

So, we should continue to fight for increasing the Visa number and removing the country quota or similar provisions. Now, we might need to re-state our goals as asking to remove retrogression cannot be the one. I know IV core might be thinking in the same line but currently just busy collecting their 485 documents ;) . So hold tight and we should see some plan once this excitement dies down.

FYI, i'm one of those who will be filing 485 in July but really apprehensive about getting EAD in next few months.

So, lets get united and re-organize our priorities and fight for the same cause.

she81
06-14-2007, 04:30 PM
Years we have been told priority date establishes your place in the queue.

We have spurned job offers and declined the new PERM process to hold on to the priority dates.

Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.

I concur with you. This isn't fair. I am in a situation where it seems I'm stranded on an island. A rescue boat is passing by and I may not be able to reach it at all.

Furthermore, my lawyers tell me that DOL may extend it's September deadline that it set for clearing backlogs. What did we gain by not going for better opportunities, and just clutching on to our priority dates?

It's far from over. It's far from being a relief. Sounds more miserable than before.

EndlessWait
06-14-2007, 04:37 PM
I'm telling you, most likely even if it retrogresses. PD will go back uptil 2004-2005. Most cases are filed after 2005 March.

Hang in there for those stuck in BEC.

god speed.

H1BLegal95
06-14-2007, 05:55 PM
I don't think it's an end of fight for IV or for that matter for us. Ability to file for I485 is just like getting out from one queue and standing in another big one. Once the folks who are stuck in backlog gets their labor will be in front of this big line as you know the priority date counts. Only advantage for the people filing 485 is an EAD, which I know is a big one. With thousands of people filing I485 in July, I believe EAD itself is going to be retrogressed.

Pls.....
Applicant1 with PD Jan 2007 PERM he files I485 gets EAD 6 months waits for GC
Applicant2 with PD Jan 2004 BEC cannot file for I485 gets his LC DEC 2007

in Sep PD will retrogress say to 2003. Applicant2 will not be able to file. Priority dates will not move again until everyone who has filed for 485 incl. applicant2 have been given a GC.

But u are right..pls everybody who getz a chance to file for 485 pls keep up the fight for those who are in BEC

arnet
06-14-2007, 06:24 PM
1. I'm happy for those who can file for I-485 now. good luck, file it soon. don't delay.

2. But for the other applicants who are struck in BEC from 2003/2004, we are with you and we will work with IV to address EB related GC issues. I know BEC set Sept 30, 2007 as final date to process pending labor applications and many cases are approved.

So wait and fight for few more months and then file I-140/485 concurrently. IV will keep these people in their mind and will work hard during CIR or strive bill discussion so that no restrictions are put on your application while filing I-140/485. our prayers are with you.

Since the dates are going to retrogress in next few months or so, we need to request USCIS & lawmakers to allow filing I-485 even if visa numbers are not current, exempt spouse & dependents from quota, remove hard country limit, and so on....

priderock
06-14-2007, 06:37 PM
This whole process has never been fair and I don't think it ever will be (at least in near future). Just have to suck it up and move on !!! I have seen it long enough to say this.

senthil1
06-14-2007, 06:45 PM
When new system comes those who are in older system are impacted. That is always happening. If CIR comes with point system then those who are applying in 2008 will get gc within a few months and those who are waiting for years and years will wait for more years. So it depends on when you come and when you apply

xyz
06-14-2007, 06:55 PM
Agreed, It is very unfortunate for people stuck in backlogs and I feel your pain... But would you rather have seen USCIS waste over 40000 visas by the end of the year without any PD movement (as reported by some on this forum)? We would have had another thread here blasting the inefficiency and unfairness of USCIS.

Bottomline, I would not like to work in USCIS right now.. They are basically damned if they do, damned if they dont. That said, I do hope that BECs get their act together like USCIS is trying to and get everyones labor cleared by the deadline before the next retrogression hits.

Guys,

Let's not assume that visas wasted by USCIS would have been allocated to India or China. This would not have happened as these countries can not get more visa numbers than the numerical cap of 7% of the world-wide EB quota.

franklin
06-14-2007, 08:59 PM
Guys,

Let's not assume that visas wasted by USCIS would have been allocated to India or China. This would not have happened as these countries can not get more visa numbers than the numerical cap of 7% of the world-wide EB quota.

I'm sorry, anyone who thinks that the Priority Dates were shifted so visas would not be wasted are deluded.

Come on - the visas were going to go to waste because there was not enough manpower at UCSIS to process the applications. In what way WHATSOEVER, has this changed because there are more applications?!

amoschid
06-17-2007, 04:36 AM
lol... what a fucked up system :D
mine is stuck at BEC too, PD Feb 2005 - TR

worst case we have to leave US, it's not like it's the end of the world
so.. don't worry be happy :p

be grateful that you still have a healthy body
if you have cancer... now that's saaad

himu73
06-17-2007, 09:43 AM
Hello
I think all the backlogged labor applications are going to clear. But people like you may get very less time to apply maybe 15 days. My advice to you.
Start preparing to apply if you have not started already.
1. Do your medical exam. It is valid for 1 year.
2. Collect important documents. Birth certificate is most important.
Has to have .
a. In English
b. Need to indicate that has been prepared from original registration record.
c. Need to have your name,both parents names,
d. Registration date with date,month,year.
3. Fill up your forms.

Dont be dejected.This is the time for action.
Years we have been told priority date establishes your place in the queue.

We have spurned job offers and declined the new PERM process to hold on to the priority dates.

Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.

sarath99
06-17-2007, 10:33 AM
Guys,

don't be disappointed. I can feel the pain becaue I'm in the same boat still waiting for my labor from PBEC.ready with all the docs like himu73 said to file 485 at any time. be optimistic, we can win this.


Sarath.
PD Jul 04
status data review
PBEC

satishbsk
06-30-2007, 02:24 AM
July 2nd all will be in same boat.

_______________________
Contributed $260 so far

syzygy
06-30-2007, 02:28 AM
It would be good if all in same boat. Either all get according to FIFO else no one get.

July 2nd all will be in same boat.

_______________________
Contributed $260 so far

she81
06-30-2007, 02:37 AM
July 2nd all will be in same boat.

_______________________
Contributed $260 so far

With all due fairness, indeed.

satishbsk
07-17-2007, 09:09 PM
July 2nd all will be in same boat.

Congratulations for guys who got labor approved in these 15 days.

_______________________
Contributed $280 so far

she81
07-17-2007, 09:15 PM
Congratulations for guys who got labor approved in these 15 days.

_______________________
Contributed $280 so far

And best of luck to all of us who are stuck - that we may be able to come out in time to file.

rustamehind
07-17-2007, 09:15 PM
Well it is worse than you thought.

People who haven't even started their green card process yet can buy a labor from any bodyshop, use it to file their 140 and 485 concurrently and get a foothold in the great american GC mela. Howzaat.

No Labour substitution is history now.It ended on July 16th.

wc_user
07-17-2007, 09:56 PM
Tough luck buddy. My case was current in June, but my attorney filed only on the last day of June and it reached on July 2nd. I was in a limbo till today. My PD is Dec 2002 and I have waited nearly 5 years. Its ok that everyone gets to file now. I-485 approval will be based on priority dates. So, don't worry. Hope you get to file in October 2007.

eeezzz
07-17-2007, 10:16 PM
Is it still going to follow the country quota(9700/year ?) even now they set you current and accept your I-485 ?
If the answer is yes and if it is like wc_user said the approval will still be based on PD, then that will still be quite a long time to wait for your GC for many people here.

actonwang
07-17-2007, 10:16 PM
it has been unfair game ... nobody can bring fairness to the table at this point because it doesn't matter too much to them.

sad to say, to them, it is just a job. they don't care if you feel pain or happy. they simply don't care.

only thing i can say is that prepare yourself as best as you can.

maddipati1
07-17-2007, 10:20 PM
Hey H1BLegal95, 2 things

1. my friends 04 BEC was approved yesterday. check yours. it might have got approved or will be in few weeks, so prepare ur 485 papers and be ready to file even on Aug16th.

2. u r only losing the ability to get EAD n AP. You will get GC according to ur priroity date.

gsc999
07-17-2007, 10:24 PM
Please read this post by gcnirvana for all those feeling left out:

There are so many 'Thank you' threads running and its hard to keep track of everything. Anyways, I posted this elsewhere and am proud to post it again here. Read on....

I was just curious as to how many from Core Team will benefit from today's news. So I looked at the core team's GC details and here is the summary:

1. 8 out of 12 Core Team Members WILL NOT BENEFIT from today's news.
2. Because 6 of them are stuck in BEC
3. 2 of them are in the final stages of their GC.

But still they fought for this cause and never ever felt 'Why should I care'! Tears came running down when I looked at the details. You are just awesome. Though I am thankful today...I am thankful for the day I found this site and am thankful to god almighty for giving me an opportunity to know you all and work with you guys.

I also sincerely hope and wish that you all will get out of the mess you are in right now and we are with you till the end.

actonwang
07-17-2007, 10:37 PM
kudo to IV members.

start to wonder: what is gc? why is it taking away so many talented people's time and opptunities?

:0

again, kudo to IV.

paskal
07-17-2007, 10:45 PM
have made these points many times before, but once again, in recognition of your legitimate angst.

first the bottom line. a golden opportunity presented itself- we did not ask for it, the visa bulletin was made current out of the blue. we have grabbed that opportunity but that does not mean that this was the core goal of iv as an organization- those goals remain, our campaign continues, this little fire we have lit must grow to the point where all retrogression can be resolved. we have NOT forgotten that our friends in BEC are still stuck in the most unjust process.

next: please stop repeating this line that everything will be unavailable for years and people will cut the line. understand this: in oct the dates cannot be U. because there will be new numbers. therefore they will come up with a date- a retrogressed date allowing BEC people to file as soon as their LC is approved. just because a 06-07 applicant has a 485 in the system does not mean a Gc is imminent. GC can ONLY be alloted if the dates are current. The dates will be current for you long long long before anyone that's applied lately. If the dates remain U, USCIS cannot allot a single GC- and that cannot happen.

please be patient with those who are celebrating their stroke of luck. life is not fair and USCIS is weird anyway with it's FIFO. the ombudsman says they pick "low hanging fruit". we have much to fight for yet.

let's not fight among ourselves.

please.

Lasantha
07-17-2007, 10:57 PM
Years we have been told priority date establishes your place in the queue.

We have spurned job offers and declined the new PERM process to hold on to the priority dates.

Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.

I truely feel your pain but I don't quite understand what you say about declining PERM to hold your place in the line. As far as I know and correct me if I am wrong, doesn't PERM has the option of porting the PD from an existing and pending labor petition?
Again please don't misunderstand me. I am not trying to lecture you. But please look in to that option.

Lasantha

natrajs
07-17-2007, 10:58 PM
Please do not lose the Hope, BEC will clear all its application by Sep 30th 07

And I hope IV's efforts will turn the table to make the priority date Current on Oct 07 Visa Bulletin

EkAurAaya
07-17-2007, 11:04 PM
Years we have been told priority date establishes your place in the queue.

We have spurned job offers and declined the new PERM process to hold on to the priority dates.

Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.

Rules have not changed, lot of folks are fortunate they got this window of opportunity... i have a feb 2003 pd and I'm happy that everyone including folks with 2007 pds have a chance to get out of this mess, i dont want anyone to go through the pain and agony we older PD holders have gone through... go god bless everyone, and friend hang in there... whatever happens happens for good believe in that, your older PD will help you in future you never know, so cheer up think well for others and i m sure someone up above will think well for you (you are one of the fortunate ones to be in this country - compare this to the millions from where you came)

Lacris
07-17-2007, 11:04 PM
I understand the frustration. My husband has an Oct 2003 PD-EB2 ROW. His friend who applied in June 2003 in EB3 has a GC for 2 years already.When the backlogs were introduced in march 2005, the regional office was certifying cases one month older than his. I suggested to apply for PERM, but the lawyer said he'd lose the PD and it's not worth it-it will get certified soon anyway. That turned out to be January 2007. In march 2007 we finally applied for 140/485 and I was happy to notice cases in EB2-ROW were approved in as little as 2 months. My hopes were high, but not anymore.
I can't describe how happy I was for one of my friends that applied on July 2nd. I told her today's big news and she was in heaven.But at the same time I realized that it's not very good news for us. The delays will be now huge.
So people stuck in BECs, you have my sincerest sympathy. My thoughts will be with you and hopefully something can be done to help you.

thakurrajiv
07-17-2007, 11:05 PM
Please read this post by gcnirvana for all those feeling left out:

There are so many 'Thank you' threads running and its hard to keep track of everything. Anyways, I posted this elsewhere and am proud to post it again here. Read on....

I was just curious as to how many from Core Team will benefit from today's news. So I looked at the core team's GC details and here is the summary:

1. 8 out of 12 Core Team Members WILL NOT BENEFIT from today's news.
2. Because 6 of them are stuck in BEC
3. 2 of them are in the final stages of their GC.

But still they fought for this cause and never ever felt 'Why should I care'! Tears came running down when I looked at the details. You are just awesome. Though I am thankful today...I am thankful for the day I found this site and am thankful to god almighty for giving me an opportunity to know you all and work with you guys.

I also sincerely hope and wish that you all will get out of the mess you are in right now and we are with you till the end.
I vaguely remembered profiles of core members, but from what I could recall, I knew that most of them will not benefit from July visa bulletin.
This is indeed admirable. In today's world, we still have people who are so selfless. Core team you are heroes. I am very sure that life will pay you for this in one way or the other. Beyond GC, there is life and you guys are showing us how to live it. We are proud of you.

abhisam
07-17-2007, 11:07 PM
It is obvious that DOL backlog center is processing cases with utter disregard to FIFO procedures. Some people with priority dates in 2004 or 2005 have obtained their labor certifications, but some people with priority dates in 2001 or 2002 still do not know what is happening to their cases. If we file lawsuit against DOL on their inability to maintain FIFO procedures, what are the chances of success? Their inability to maintain FIFO procedures has brought great misery in lives of the people who stood in line for so many years so patiently.
Just like the Right to Information act that was passed in India recently, the US also has the "Freedom of Information Act". I think you can ask for documentation from the agency to get information such why its taking so long for your application.

You can find the details here:

http://www.sourcewatch.org/index.php?title=Freedom_of_Information_Act

mik
07-17-2007, 11:07 PM
What about someone who's applied five or six years ago, but his green card is still awaiting "security check", while a friend of him, who's applied at the same time has already gotten it a couple of years ago!
And, only because your name is similar to SOMEONE from SOMEWHERE who's done SOMETHING you know NOTHING about! And worst of all, you don't know when is that all going to end!
Where's the fairness in this game?

h1techSlave
07-17-2007, 11:07 PM
Years we have been told priority date establishes your place in the queue.

We have spurned job offers and declined the new PERM process to hold on to the priority dates.

Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.

My case was stuck in BEC for a couple of years and was cleared some time back. (Disclaimer).

But I totally sympathise with you. A few of my friends are still stuck in BEC and I feel very bad that I am moving forward even though my PD is newer than theirs.

I believe this issue can be very easily resolved with some kind of grassroot level push from all of us, lawyers and law makers. If USCIS can process 50,000+ applications in a matter of days, what is preventing another govt. agency from processing a similar number of applicants in a couple of weeks? Only thing is that they all need to be made aware of this injustice. I believe this is the next agenda that IV should take up.

I am going to send a PM to IV core regarding this issue. Any one else with me on this?

Cheers,
h1techSlave

bestia
07-17-2007, 11:23 PM
Guys, I still don't understand those who keep complaining and complaining about "unfairness" of the system. I feel you, those who are stuck somewhere... and I'm happy for those who can apply, even those who came in 2007. So what? Wishing bad for others is a bad karma... (I started getting into buddist things lately).

And about fairness.. Is it fair that some people are coming here by just winning the lottery? I'm working with one guy from Ukraine, he came several months ago, sitting with his GC next to me, looking at me having NO IDEA what i'm talking about. Is it fair? No.

Is it fair that hundreds of thousands come here and get documents by pretending to be "refugees"? You know how to get your documents through asylum? - Simple: just come up with a story (be gay, anti-communist, jehova-witness, whatever...), then you have ONE interview with officer and THAT'S IT!!! After a year you have GC. Half of LA is like that. I know a lot of dudes came a lot later after me, applying for citizenships now. Telling me that I'm stupid that went through that ridiculous way.

I could become illegale in 1999 and get advantage of Clintons LIFE act. Many did who have citizenships now. Stupid of me? Maybe. Fair? No.

Is this all fair? No... Everybody has his/her way.

I'm proposing to make it more fair. Let's just propose mass deportation of American citizens. Make one big immigration line - then it will be fair.

cal_dood
07-17-2007, 11:31 PM
My wife's LC was filed through the old process. We also did the PERM for her and were able to port the old PD BUT it took almost a year and the lawyer told us he had to ask his 'congressional contact' for help.

PERM may be an option for people in BEC - but not a sure shot one. The whole process takes ~6 months (including advertisements) and you/your company need to shell out $$$.

I empathize with you - but this is life. I had a PD of Oct '03 - but got sick of my job and changed - so now have a PD of Dec '05. Didn't make a difference as both became current in the July VB.

All of us come here for different reasons - many like me come for career opportunities. When GC/visa issues become a barrier for your career, it's time to rethink - when at the same time the opportunities in your country are much better. In the grand scheme of things, it's still not clear how important a GC is - don't get me wrong it really really helps - but if you are unlucky - then you need to evaluate the opportunity cost.

Good luck!

zephyrr
07-19-2007, 02:03 AM
i am happy for those who can file now.

my pd is jul 2003 and was lucky enough that my case got approved in time that i could file.

we should have really started putting pressure that the becs at least approve cases by priority dates if nothing else. the becs didn't follow any rules and approved cases out of order as well.

lesson learnt. complaceny doesn't work, be engaged, contribute, and fight for your rights.


Years we have been told priority date establishes your place in the queue.

We have spurned job offers and declined the new PERM process to hold on to the priority dates.

Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.

pappu
07-19-2007, 02:21 AM
message from IV

Despite the offensive posts and badmouthing on IV site and other sites we are keeping everyone in mind when working on our lobbying effort. We had posted messages in the past about this too. IV does not advice any flower campaign etc without consulting with us. Any wrong move can potentially hurt the interest of this community and the advocacy work we are doing. Please stop posting offensive messages and stop fighting with other members of the community.

=======================

Message from IV for BEC victims

We are aware of the issue and if there is any acion item, we will post it.

also be aware of what we posted earlier on this issue:
http://immigrationvoice.org/forum/showthread.php?t=6084
http://immigrationvoice.org/forum/showthread.php?p=100024#post100024
=========================

=========================

pappu
07-19-2007, 02:35 AM
Even after posting replies people still don't listen and continue to hurt members and IV core and blame us for being selfish.
http://immigrationvoice.org/forum/showthread.php?t=10617

Regal22
07-19-2007, 03:02 AM
My labor certification (Traditional EB-3) is stuck in BEC since last 5 years. It is completely beyond my understanding why it took so long for BEC to process my case. Now everyone is rejoicing USCIS's decision to accept all green card applications, but I am paralyzed with the fear of facing another huge backlog on I-485 applications. One government agency sits on our applications for years and another government agency throws us further back in the line to cover up its blunders and guess what who pays the price: WE RULE-ABIDING, LINE-WAITING FOLKS.

Even if I get my labor approval before September, I will be among the last persons to get labor certification in spite of being the one with the earliest priority date. Nothing would give me greater pleasure than suing DOL BEC at this time. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on their web site that they have tried to maintain FIFO, it makes me feel like puking.

I am also disappointed with IV's attitude towards the backlog victims. I do not remember anything concrete done by IV to address the grievances of backlog victims. Now that they have won the battle with USCIS, will they have time to look at us?
:mad: :mad:

aristotle
07-19-2007, 03:18 AM
May be a dumb question.. no offence intended. Isn't there an option to convert to PERM while retaining the original PD? Nobody wants to risk it for the fear of losing PD if PERM is denied?

BTW, my BEC labor got approved two weeks after I left the job. But I didn't lose too much in terms of PD with PERM.

My labor certification (Traditional EB-3) is stuck in BEC since last 5 years. It is completely beyond my understanding why it took so long for BEC to process my case. Now everyone is rejoicing USCIS's decision to accept all green card applications, but I am paralyzed with the fear of facing another huge backlog on I-485 applications. One government agency sits on our applications for years and another government agency throws us further back in the line to cover up its blunders and guess what who pays the price: WE RULE-ABIDING, LINE-WAITING FOLKS.

Even if I get my labor approval before September, I will be among the last persons to get labor certification in spite of being the one with the earliest priority date. Nothing would give me greater pleasure than suing DOL BEC at this time. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on their web site that they have tried to maintain FIFO, it makes me feel like puking.

I am also disappointed with IV's attitude towards the backlog victims. I do not remember anything concrete done by IV to address the grievances of backlog victims. Now that they have won the battle with USCIS, will they have time to look at us?
:mad: :mad:

chanduv23
07-19-2007, 08:37 AM
It is easy to hurt someone who is already hurt. Friends, I am with you all. I feel your pain.

I would say - talk to pappu and other core and form a different channel in google groups or yahoogroups and organize yourselves first and collect more and more material needed for IV members and core to start working on these action items.

Can someone stuck in backlog centers take this initiative and do it?

anai
07-19-2007, 09:14 AM
It is mindblowing to see insensitive posts with regard to folks stuck at BEC.

IV core has stated repeatedly that the BEC issue is on its agenda. Thanks.

To those members who say that "life isn't fair so get over it": We are here at IV not to get used to unfairness, but to do something about it. I was stuck at BEC for many years. It is the most unpredictable of all GC stages; and those who didn't have to go through the BEC mess should consider themselves lucky. Cases can drag on for years; cases get closed arbitrarily; and there is hardly any way to communicate with the BECs. Try to understand the difficulties of those stuck at BECs instead of trying to make fun of them.

nkhari
07-19-2007, 09:26 AM
dude,

I totally agree with you. This is NOT FAIR. TOTALLY NOT.

I wish CIS can put in procedures to take care of this issue.

Should you start the flower campaign to get this noticed and make them process the applications in the order of PD and not RD.

IV fought for others.

All others will not agree, because they are happy and feel lucky.

But trust in god and ask his fairness and I am sure when the PD cut-off is set, you will definitely see the result as being fair.

indyyy
07-19-2007, 11:30 AM
First of all...Hats off to IV for doing an incredible job !!!

My labor has been collecting dust in the Dallas BEC since 2001, my PD is Nov 2001, non-RIR. The online system still states that my case is in process. I am equally frustrated like all my fellow BEC victims, but I think there is no reason to feel left out or unhappy just because some people could jump the queue and get in front of us. The best we can do is congratulate them on their good fortune and hope that the DOL sticks to their deadline and clear all BEC cases by sep. If they miss the sep deadline (i wont be surprised if they do), I guess IV can help us in organising another flower campaign or a rally based on the recent success.

Lets keep the faith and stay the course !!!

WeShallOvercome
07-19-2007, 02:00 PM
My labor certification (Traditional EB-3) is stuck in BEC since last 5 years. It is completely beyond my understanding why it took so long for BEC to process my case. Now everyone is rejoicing USCIS's decision to accept all green card applications, but I am paralyzed with the fear of facing another huge backlog on I-485 applications. One government agency sits on our applications for years and another government agency throws us further back in the line to cover up its blunders and guess what who pays the price: WE RULE-ABIDING, LINE-WAITING FOLKS.

Even if I get my labor approval before September, I will be among the last persons to get labor certification in spite of being the one with the earliest priority date. Nothing would give me greater pleasure than suing DOL BEC at this time. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on their web site that they have tried to maintain FIFO, it makes me feel like puking.

I am also disappointed with IV's attitude towards the backlog victims. I do not remember anything concrete done by IV to address the grievances of backlog victims. Now that they have won the battle with USCIS, will they have time to look at us?
:mad: :mad:

Friend,

We all pray for you to get out of this backlog soon.
While I understand your situation, I have a few words for you to think about.
If your PD is 5-6 years old (2001-2002), rest assured that you will be able to file your I-485 very soon after you get your LC.

Please try to understand how the system works. NO ONE with a PD of 2005, 2006, 2007 who will apply in july is going to get a GC before people like you!

PDs can not remain 'U' forever. They will definitely have to put in some cutoff date in October bulletin as new numbers for the next year become available.
If they make it U in the start of the year, USCIS will not be able to approve any cases and use the visa numbers.

The cutoff date that DOS sets is the PD of the FIRST pending application that can not be approved due to non-availability of a visa number.

So if they want to approve ANY application whose PD is later than yours, they will have to move the PDs atleast to that date. In that case, you my friend, will be able to file your I-485.

And mark my word, YOU WILL GET A GC YEARS BEFORE ANY ONE WITH A PD OF 2006 2007. (some exceptions are always there)

hemanth22
07-19-2007, 02:06 PM
My labor certification (Traditional EB-3) is stuck in BEC since last 5 years. It is completely beyond my understanding why it took so long for BEC to process my case. Now everyone is rejoicing USCIS's decision to accept all green card applications, but I am paralyzed with the fear of facing another huge backlog on I-485 applications. One government agency sits on our applications for years and another government agency throws us further back in the line to cover up its blunders and guess what who pays the price: WE RULE-ABIDING, LINE-WAITING FOLKS.

Even if I get my labor approval before September, I will be among the last persons to get labor certification in spite of being the one with the earliest priority date. Nothing would give me greater pleasure than suing DOL BEC at this time. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on their web site that they have tried to maintain FIFO, it makes me feel like puking.

I am also disappointed with IV's attitude towards the backlog victims. I do not remember anything concrete done by IV to address the grievances of backlog victims. Now that they have won the battle with USCIS, will they have time to look at us?
:mad: :mad:


did your company receive the 45 day letter that they sent for all BEC cases.
did they give the letter to you , it might have been possible that either they did'nt receive the letter completely or they might be with-holding information from you
what does your case status say

you must have seen that i am waiting since the last 10 years, since their processing is so random that there's nothing that you can do . The worst thing that you can do is feel bitter about others who are getting benefited.

you have to fell happy for others that they are able to get out of the un-desirable situation that all of us are in.

eager_immi
07-19-2007, 02:06 PM
First of let me tell you life is not fair. All BEC people everyone in this forum empathizes with you esp me since my husband is also a victm, even if they say u should have filed in PERM. I know for a lot of folks this was not a choice for you to make sometimes it is the company, lawyer, ur job situation that is the determining factor. So, please hang in there and contribute without bad mouthing IV. Maybe some of you should become a part of the core and fight for ur rights. The reason I say life is not fair bc people like my husband and I we are not in IT or work for IT consulting companies yet this whole backlog is created bc of that particular industry and abuses to the H1B system and we still suffer. Also, what happens when u work for huge companies that usually don't hire h1b but once they made the step they don't want to loose you since you are an investment for them and hence the wait 5 years to file ur GC. Again life is not fair when the business needs you to move to a different position, or downsizes and you have to start from scratch all over again. Both my husband and I are here for 10 years and are on our 8th year of H1 and this is the first time for me to file 485 with 2006 PD and his labor still has to be filed yet again in Perm. My point life is not fair but you cannot blame others. Very few people are lucky and get GC in a year or year half. If you look most people had some struggle some worse than others. Just be grateful that someone is ready to atleast listen to you and help you fight this long battle.

apb
07-19-2007, 02:18 PM
My labor certification (Traditional EB-3) is stuck in BEC since last 5 years. It is completely beyond my understanding why it took so long for BEC to process my case. Now everyone is rejoicing USCIS's decision to accept all green card applications, but I am paralyzed with the fear of facing another huge backlog on I-485 applications. One government agency sits on our applications for years and another government agency throws us further back in the line to cover up its blunders and guess what who pays the price: WE RULE-ABIDING, LINE-WAITING FOLKS.

Even if I get my labor approval before September, I will be among the last persons to get labor certification in spite of being the one with the earliest priority date. Nothing would give me greater pleasure than suing DOL BEC at this time. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on their web site that they have tried to maintain FIFO, it makes me feel like puking.

I am also disappointed with IV's attitude towards the backlog victims. I do not remember anything concrete done by IV to address the grievances of backlog victims. Now that they have won the battle with USCIS, will they have time to look at us?
:mad: :mad:

Please read more about what IV has done to BEC candidates before you get disappointed. Also please refer to one more forum/person who has helped you with your BEC. I understand your pain. I was in BEC for a long time and before even I got my labour approved I was laid off. LOST my PD by almost three years. I never felt like a victim. Started the process again and this is the first time I am able to get this close towards my GC.
For you the moment you get your labour approved you can file your 485 right away as your date will always be current. So why worry. Let everybody enjoy. Somebody here could be your brother/Friend.
You will get to file right away and you will get the GC sooner because the GC follows PD.

apb
07-19-2007, 02:19 PM
Also please refer to one more forum/person who has helped you with your BEC

If you anybody other than IV who has taken up your issue voluntarily, let me know.

dupedinjuly
07-19-2007, 02:35 PM
When USCIS has so many I-485 applications, they will have to sort them in the order of PD. Your PD is older and you will have your GC first. However, its unpredictable when you will be able to file I-485.
They will be opening up dates slowly in the Visa bulletin going forward. However, they would open up 2003 PD before they reach PD 2007. You will be able to I-485 then and will have GC before someone whose PD is in 2007.




message from IV

Despite the offensive posts and badmouthing on IV site and other sites we are keeping everyone in mind when working on our lobbying effort. We had posted messages in the past about this too. IV does not advice any flower campaign etc without consulting with us. Any wrong move can potentially hurt the interest of this community and the advocacy work we are doing. Please stop posting offensive messages and stop fighting with other members of the community.

=======================

Message from IV for BEC victims

We are aware of the issue and if there is any acion item, we will post it.

also be aware of what we posted earlier on this issue:
http://immigrationvoice.org/forum/showthread.php?t=6084
http://immigrationvoice.org/forum/showthread.php?p=100024#post100024
=========================

=========================




Years we have been told priority date establishes your place in the queue.

We have spurned job offers and declined the new PERM process to hold on to the priority dates.

Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.

houston_TX
07-19-2007, 02:36 PM
Hi All,
MY LC (PD May 2003) is still stuck in DBEC. So I may or may not be able to file withing Aug17th.
My question is regarding the procedure used by USCIS to process AOS applications. It would be great if someone could explain this to me.
These are my questions:
1. Is the AOS application processed by RD or PD?
2. Once USCIS starts processing the I485, do they check PD at any stage, or is it just used as the initail "gate " for allowing I485 application submission?
3. Suppose Tom with a PD of July 2006 applied in July 2007. Then Harry's case gets approved by BEC in August 2007 and he applies in October 2007. Who will get the GC first?

Thanks for the help!

rolrblade
07-19-2007, 03:07 PM
Hi All,
MY LC (PD May 2003) is still stuck in DBEC. So I may or may not be able to file withing Aug17th.
My question is regarding the procedure used by USCIS to process AOS applications. It would be great if someone could explain this to me.
These are my questions:
1. Is the AOS application processed by RD or PD?
2. Once USCIS starts processing the I485, do they check PD at any stage, or is it just used as the initail "gate " for allowing I485 application submission?
3. Suppose Tom with a PD of July 2006 applied in July 2007. Then Harry's case gets approved by BEC in August 2007 and he applies in October 2007. Who will get the GC first?

Thanks for the help!

Houston:

let me try to answer your question the best I can. Answers in order:

For all purposes: lets assume 2 examples. Person A PD July 2006 and RD of July2, 2007 and Person B PD April 2006 and RD of July 2, 2007.

1. AOS is processed by a "combination" of RD and PD. As per the current Bulletin BOTH A and B can apply. The Service centres are currently processing September 2006 applications. When they reach July 2, 2007 processing dates, both applications will be picked up and then "thoeretically" they should ask for Visa number for A BEFORE asking a visa number for B as A has an earlier PD.
2. Answered in same question 1 above.
3. If Harry's case gets approved in August 2007 by BEC he WILL NOT be able to apply for I-485 as the July Bulleting is valid only for applicants VALID in july. Just beacuse they are accepting till AUg 17, does not mean people whose LC got approved between Aug 1-17 can apply, becuase they were technically NOT eligible to apply in July.

Does that answer your questions. PM me if you want more detail.

rdehar
07-19-2007, 03:22 PM
Hi All,
MY LC (PD May 2003) is still stuck in DBEC. So I may or may not be able to file withing Aug17th.
My question is regarding the procedure used by USCIS to process AOS applications. It would be great if someone could explain this to me.
These are my questions:
1. Is the AOS application processed by RD or PD?
2. Once USCIS starts processing the I485, do they check PD at any stage, or is it just used as the initail "gate " for allowing I485 application submission?
3. Suppose Tom with a PD of July 2006 applied in July 2007. Then Harry's case gets approved by BEC in August 2007 and he applies in October 2007. Who will get the GC first?

Thanks for the help!
I-485 would be processed by RD if (and only iffffff) the PD is current.

That means:

. Your PD has to be current for approval;
. Older PD still has a lot more value than RD;
. If BEC victims are unable to file for I-485 now (for lack of labor approval), they would be able to file I-140 and I-485 later, when their dates become current (remember: no approvals without forward movement of dates)

PS: I just got out of BEC mess (after 3 years), can't even imagine what's going on in minds of those still stuck :(

dupedinjuly
07-19-2007, 03:25 PM
And pretty big boat which will move very slowly.....

July 2nd all will be in same boat.

_______________________
Contributed $260 so far

dupedinjuly
07-19-2007, 03:26 PM
Its the end result - GC and they will have to go by PD.

Tough luck buddy. My case was current in June, but my attorney filed only on the last day of June and it reached on July 2nd. I was in a limbo till today. My PD is Dec 2002 and I have waited nearly 5 years. Its ok that everyone gets to file now. I-485 approval will be based on priority dates. So, don't worry. Hope you get to file in October 2007.

houston_TX
07-19-2007, 03:32 PM
Guys,
Thanks for the quick response, much appreciated. I think I have the answer to my question.
Essentially:
1. RD will determine sequence in which AOS are looked at by case officers at USCIS. So July applicants with 2006 PD will geat EAD/AP, etc sooner than October applicants with 2002 PD.
2. In the event of retrogression (say to 2005), only those applications which have a current PD at the time of visa approval will get the green card. So 2002 PD will get GC before 2006 PD.

I hope I understood correctly?

mdmd10
07-19-2007, 03:35 PM
Why can't you search for preapproved labor to file I485 quickly?

Wasn't Labour Substitution eliminated recently?

rdehar
07-19-2007, 03:37 PM
Guys,
Thanks for the quick response, much appreciated. I think I have the answer to my question.
Essentially:
1. RD will determine sequence in which AOS are looked at by case officers at USCIS. So July applicants with 2006 PD will geat EAD/AP, etc sooner than October applicants with 2002 PD.
2. In the event of retrogression (say to 2005), only those applications which have a current PD at the time of visa approval will get the green card. So 2002 PD will get GC before 2006 PD.

I hope I understood correctly?
Yes.

A 2002 PD would get GC earlier that 2006 PD, even though the 2006 PD may get EAD/AP and other benefits earlier. EAD and AP have nothing to do with PD, only I-485 depends on PD.

Just pray your labor is approved by the time the dates move forward (hopefully in October).

Also -- it doesn't hurt to be prepared -- get all documents ready asap ...

ychousa
07-19-2007, 07:01 PM
Yes.

A 2002 PD would get GC earlier that 2006 PD, even though the 2006 PD may get EAD/AP and other benefits earlier. EAD and AP have nothing to do with PD, only I-485 depends on PD.


Have you got this info from a truely realiable source? It seems there are 2 different opinions about this process, that's why I'm asking. I think it's fair to go by PD, but how CIS could sort out earlier PD from tens of thousands of applications is another question.

Ramba
07-19-2007, 07:22 PM
message from IV

Despite the offensive posts and badmouthing on IV site and other sites we are keeping everyone in mind when working on our lobbying effort. We had posted messages in the past about this too. IV does not advice any flower campaign etc without consulting with us. Any wrong move can potentially hurt the interest of this community and the advocacy work we are doing. Please stop posting offensive messages and stop fighting with other members of the community.

=======================

Message from IV for BEC victims

We are aware of the issue and if there is any acion item, we will post it.

also be aware of what we posted earlier on this issue:
http://immigrationvoice.org/forum/showthread.php?t=6084
http://immigrationvoice.org/forum/showthread.php?p=100024#post100024
=========================

=========================




Years we have been told priority date establishes your place in the queue.

We have spurned job offers and declined the new PERM process to hold on to the priority dates.

Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.

Dont worry. If your LC still in BEC with old PD you are more luckier than the guys going to file 485 now. DOL commited to clear backlong by Sep 2007. Oct VB will come up with priority dates in stone age. If your PD is very old you will get GC with in 6 months. Filing 485 in July and Aug with very new PD will not bring them any fruit. They have to wait more years. 750K 485 and 750K EAD and 750K AP will result in choking the CIS system. They will feel the challange of renewal on time.

I am very conficent that USCIS is not going to process all 750K at a time. They will definitly modify the processing method, fom current practice. First, they can not schudle FP for all 750K applicants in available ASC centers. So, they will sort the 485 based on PD, and process tham based on PD and country and catagory wise. A guy with PD 2007, will not get FP notice very near to his PD become current.

so, you will be in better shape.

raj3078
07-19-2007, 07:34 PM
Dont worry. If your LC still in BEC with old PD you are more luckier than the guys going to file 485 now. DOL commited to clear backlong by Sep 2007. Oct VB will come up with priority dates in stone age. If your PD is very old you will get GC with in 6 months. Filing 485 in July and Aug with very new PD will not bring them any fruit. They have to wait more years. 750K 485 and 750K EAD and 750K AP will result in choking the CIS system. They will feel the challange of renewal on time.

I am very conficent that USCIS is not going to process all 750K at a time. They will definitly modify the processing method, fom current practice. First, they can not schudle FP for all 750K applicants in available ASC centers. So, they will sort the 485 based on PD, and process tham based on PD and country and catagory wise. A guy with PD 2007, will not get FP notice very near to his PD become current.

so, you will be in better shape.


Well said....The reality of situation is the only benefit for people who are filing now is the ability to change jobs after 6 months. As far as GC is concerned, it wont become reality for at least 5 or more years for people with 06-07 priority date

senthil1
07-19-2007, 08:25 PM
Actually when a person whose PD is current but his FP is not cleared and another person whose Who is having later PD but his FP is cleared then he will get GC(if his PD is within cut off date)

Mainly EB2 candidates will suffer a lot if their application is struck in BEC. People who are having PD of 2005 and 2006 will get GC but those who filed in 2003 are earlier wait a few more years to get GC. This is happening for past 10 years. RIR and Non RIR processing was there beween 1997 to 2002. When any new processing is introduced those who started older process always suffer. I do not know any best solution for those cases. Also it is not possible to reform everything at the same time.

Houston:

let me try to answer your question the best I can. Answers in order:

For all purposes: lets assume 2 examples. Person A PD July 2006 and RD of July2, 2007 and Person B PD April 2006 and RD of July 2, 2007.

1. AOS is processed by a "combination" of RD and PD. As per the current Bulletin BOTH A and B can apply. The Service centres are currently processing September 2006 applications. When they reach July 2, 2007 processing dates, both applications will be picked up and then "thoeretically" they should ask for Visa number for A BEFORE asking a visa number for B as A has an earlier PD.
2. Answered in same question 1 above.
3. If Harry's case gets approved in August 2007 by BEC he WILL NOT be able to apply for I-485 as the July Bulleting is valid only for applicants VALID in july. Just beacuse they are accepting till AUg 17, does not mean people whose LC got approved between Aug 1-17 can apply, becuase they were technically NOT eligible to apply in July.

Does that answer your questions. PM me if you want more detail.

FrankZulu
07-19-2007, 09:16 PM
My lawyer got three approvals.

I have my PERM approved but recently got my BEC (PD Dec 2004) approved in first week of july.

nk2
07-19-2007, 10:11 PM
In the past 2 days 3 labors from PBEC were approved from my Company. The PDs for them are 2004.

heywhat
07-19-2007, 11:05 PM
:(

My immigration department had my all papers since Feb'07 but applied for LC only on 6/25.... whenever i used to enquire about it just one line anwser ... "it is in motion and will let you know progress of same"

When My Director(he is US citizen) requested for information for my case no reply whatsoever and finally they applied my LC.. even my director gave them clue of one pre-approved LC from my group with priority date of Dec'06(matching with my skill set and education) but no reply and on 17th morning sent reply that LC substitution can not be done now ...

rdehar
07-19-2007, 11:26 PM
USCIS has already made everything 'U', starting with August and this year's quota is finished. Also now they have a little advantage that everyone who can file I-485 will file it. They now have all the applications and all the numbers to calculate for next few years.

Don't you guys think that the USCIS will probably keep on moving the dates by as much only to accomodate the quota numbers.

Also, BEC has targetted Sep '07 to clear all labor backlogs and new I-485 approvals won't start before Oct '07. Older PDs will (as they always had) have golden value.

Once bitten twice shy, USCIS will not make the mistake of making dates 'C' in a long time.

2006-07 filers have intermittent releif of EADs which BEC or pre-PERMs never dreamt of :) (that includes me)

This is what looks logical and this will do justice to all.

csvinay
07-19-2007, 11:36 PM
First, My LC PD is May 2001 (Yes. May 2001 no typo). RIR remanded to NON-RIR pushed to BEC and stuck there with no recruitment instructions(RI). Obviously that is not only labor I filed but the 2001 labor is the one I'm counting on and mess I'm in is a separate story.

To the topic, folks with later PD able\elgible to file for i485 IS UNFAIR but that is not a result of their action and it is USCIS's fault. So directing the anger towards them IS UNFAIR. Senthil mentioned how RIR was unfair to ppl on NON-RIR. Glad you brought it up because we all know this GC process at every level is so screwed up that nothing makes any sense. At least to me. If you get through to next stage it is seems like a mini-miracle!

One more thing, PD does matter and members do not attach their PD as a signature for no reason. It does not matter a dime if the visas are available i.e it is CURRENT. PD only comes into picture(in I485) when the dates are retrogressed and backlogged. Of course in such scenario PD is HUGE. So it only works in favor of ppl like me if the GC is retrogressed but wishing such a scenario or advising such a scenario would help me is just plain foolish. What we have in our hand(too many i485 going forward) is a humongous problem. In 6 months or later it is gonna loom large and is gonna hurt us very badly if we do not do anything. That should be one of our the main action item and we should seek a way to solve it(recapture etc...)

Rejoice when you get your GC, this Aug 17th development is just a relief for stressed out souls(some). We've won a battle not the war.

Lastly, Please direct you reply to original poster and STOP GENERALIZING certain groups as BEC Folks (i.e BEC folks are insensitive) No one is a spokesman for people stuck in BEC nor should one posters view should be construted as the views of the large. I'm seeing insensitive posts on both sides of the fence. Let us stop spewing hatred by posting our knee jerk reactions.

Let's stop venting and see what we can do. We all know, if everyone was just venting the Aug 17th development would not have happened. So let's act and see what the possibilities are moving forward.

sands
07-19-2007, 11:51 PM
very well said!

Regal22
07-20-2007, 12:19 AM
My labor certification (Traditional EB-3) is stuck in BEC since last 5 years. It is completely beyond my understanding why it took so long for BEC to process my case. Now everyone is rejoicing USCIS's decision to accept all green card applications, but I am paralyzed with the fear of facing another huge backlog on I-485 applications. One government agency sits on our applications for years and another government agency throws us further back in the line to cover up its blunders and guess what who pays the price: WE RULE-ABIDING, LINE-WAITING FOLKS.

Even if I get my labor approval before September, I will be among the last persons to get labor certification in spite of being the one with the earliest priority date. Nothing would give me greater pleasure than suing DOL BEC at this time. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on their web site that they have tried to maintain FIFO, it makes me feel like puking.

I am also disappointed with IV's attitude towards the backlog victims. I do not remember anything concrete done by IV to address the grievances of backlog victims. Now that they have won the battle with USCIS, will they have time to look at us?
:mad: :mad:

I would like to extend thanks to all of those who shared their thoughts on this labor certification backlog ordeal. I was touched with nice words some of you bestowed on my situation.

The point I was trying to make was that we high skilled immigrants continuously have suffered from the misdeeds of Congress and government agencies. It started in 2001 when Congress passed an amnesty when people in illegal immigration status were given chances for EB Green Cards. If government wanted to legalize them, shouldn’t Congress have created separate processing channel and also separate green card quotas for them? Why were we forced to share our share of green card quotas? Why did we have to undergo several years of grueling labor certification experience to make room for people who violated the immigration law?

Then there was a birth of so called “Backlog Elimination Center (BEC)”. This agency should have been rightfully named as “Backlog Creation Center.” BEC spent several years not in adjudicating the labor certification cases, but in transferring paperwork and performing a circus called “45 Day Letter.” When it finally started addressing the cases, it did with utter disregard to FIFO procedure. As of today, there are still thousands of cases stuck in BEC with priority dates of 2001 and 2002 (including mine). Though they have set the backlog elimination date to be September 2007, there are very strong chances that they won’t. I think life would have better for all of us if no BEC was created in the first place and the labor certification process was left the old way.

The purpose of my earlier post was to draw attention to the severe injustices BEC has thrust on us. The passion and energy IV showed in dealing with the recent USCIS fiasco was commendable. If IV can channel some of that passion and energy in dealing with the BEC problems, we may get some breathing space outside this black hole called BEC.

natrajs
07-20-2007, 12:31 AM
I know the feeling of the people who got stuck in BEC.

My Current LC PD is Jun 04 - EB2, before that I had two LC's PD of Jun 2001 and Sep 02 of EB2, Since I switched my employer I was unable to use those LC's even though I was promised by both Ex - Employers ( But it turns out to $$$$$ Demand from the Ex).

Since I made the decisions to switch employers, I don't have any regrets. And am I hoping for 3rd time luck now.

Rather than complaining about the systems, I think we have to focus on how

1) To get back the Unused Visa # from year 2000 (Almost 180K #'s)
2) To increase in yearly Visa # from 140 K to 280K or even more
3) To make USCIS to not to count the dependents towards the VISA #'s

The current USCIS policy counts all the dependents towards the available VISA #'s (I believe the formula is 2.5 per primary Applicant)
That means the country quota of 7 % (9800/2.5 = 3920) available to any one country (All the categories). If this is true, I really don't know when we can the see the light.

Of course IV is focused on this issues, I am basically reiterating it again. This effort needs humongous resources.

So please contribute $$$, your efforts and time.

Positive thinking will help to achieve the Goal

ankitaa
07-20-2007, 01:04 AM
The whole GC system is not fair ...

1) Country quota -- People from smaller countries get it very quickly while ohter keep waiting forever ....

2) Assume I applied in 2006 NOV ...lets say my friend applied in 2005 NOV ..his/her spouse comes to US in 2009 after getting married and he/she gets GC first before me ...

3) People struck in back logs ...most unfortunate guys of all

4) People struck in FBI name checks while others who appled after them keep on getting GCs ...

List goes on ............Hope some day it will become strict FIFO across all countires and it will become predictable ...