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Backlog Processing Center Labor processing for those who applied before Mar 28

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  #16 (permalink)  
Old 04-28-2006, 11:24 AM
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hongwei2001 is on a distinguished road
Angry Immigration through employment FAQ

Immigration through employment FAQ

Why would companies love to hire foreign hi-tech workers?
Some companies say the skills of these foreign workers are critical for the future of this country. Some other companies can make more profit by paying foreign workers less and don't have to give him or her a raise for up to 8 years if he or she would like to immigrate to United States.

Why don't these foreign workers find employers with better pays?
Immigration through employment is a lengthy process. If they change employer, they have to restart the process all over again. Remember when you call IRS, you were encourage not to hung up, hung up and call again can only increase your delay.

Why don't they go back to their own counties?
Itís obvious. People love this country and would like to immigrate for better future. Most of them come young from India or China, graduated from graduate schools over here, married and raising family here. They have American dreams too.

Is it legal for the employer to do this?
It is legal. For example, in year 2000, an employer initially pay say, $60k, the prevailing wage to the foreign employee who has computer science master's and 5-year experience. Thank to the Department of Labor who needs 5 years+ to certify that it is ok for the employer to pay $60k to this guy in year 2000. Then the USCIS needs another 2-3 year to issue him or her permanent residency green card. So in the year of 2006, this guy is still got paid at $60k even though this guy's market value increased to say, $90k today depends on his or her skill set and experience. I can see he or she will still get paid at $60 in 2007, 2008. A consulting company with hundreds of foreign workers can save a lot of money on salary alone, not to say other savings such as cutting benefits.

Does this mean it is not easy for American workers to compete job openings with these guys?
I donít think it is fair to American workers who have the same skill set. Not fair to these poor foreign workers either. Also it lowers the salary level and the quality of employment working environment.

What is your suggestion?
Allow hi-tech foreign employees change employer freely. Encourage immigrants to stay legally. If legally entered this Country, legally studied and worked here for more than say, 10 years, paying tax, no bad records, issue them green card without quota limit. It helps American workers and the foreign employees who have valuable skills needed for this country and thus helps this country too.

How many people are we talking about?
Around 100 thousand. Their labor certification applications were stuck in the Department of Labor backlog center together with those cases that were pardoned of illegal stay in the country in early 2001. Every year, the Department of Labor renewed their promises to get rid of these cases in the next two years or so. The most recent renewal of the promise is to eliminate these cases by 9/30/2007.
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  #17 (permalink)  
Old 04-28-2006, 12:30 PM
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mali03 is on a distinguished road
Default Only 250?

U think people who r past labor not sending faxes? Come on guys, be supportive....It's a common cause!
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  #18 (permalink)  
Old 05-02-2006, 06:49 PM
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lechicago00 is on a distinguished road
Default Lets keep sending the FAX

I just did it.
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  #19 (permalink)  
Old 05-02-2006, 07:44 PM
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Default GC if you have lived here for 5 years

work 10 years??? By then their lives are already over, career disrupted etc. I would say if you have lived here 5 years legally (combimation of F1, H1 etc. and paid taxes. Give Green Card. Citizenship you can put a longer period. Basically, people are asking for FREEDOM. It is furstrating and depressing to be on a visa.

Quote:
Originally Posted by hongwei2001
Immigration through employment FAQ

Why would companies love to hire foreign hi-tech workers?
Some companies say the skills of these foreign workers are critical for the future of this country. Some other companies can make more profit by paying foreign workers less and don't have to give him or her a raise for up to 8 years if he or she would like to immigrate to United States.

Why don't these foreign workers find employers with better pays?
Immigration through employment is a lengthy process. If they change employer, they have to restart the process all over again. Remember when you call IRS, you were encourage not to hung up, hung up and call again can only increase your delay.

Why don't they go back to their own counties?
Itís obvious. People love this country and would like to immigrate for better future. Most of them come young from India or China, graduated from graduate schools over here, married and raising family here. They have American dreams too.

Is it legal for the employer to do this?
It is legal. For example, in year 2000, an employer initially pay say, $60k, the prevailing wage to the foreign employee who has computer science master's and 5-year experience. Thank to the Department of Labor who needs 5 years+ to certify that it is ok for the employer to pay $60k to this guy in year 2000. Then the USCIS needs another 2-3 year to issue him or her permanent residency green card. So in the year of 2006, this guy is still got paid at $60k even though this guy's market value increased to say, $90k today depends on his or her skill set and experience. I can see he or she will still get paid at $60 in 2007, 2008. A consulting company with hundreds of foreign workers can save a lot of money on salary alone, not to say other savings such as cutting benefits.

Does this mean it is not easy for American workers to compete job openings with these guys?
I donít think it is fair to American workers who have the same skill set. Not fair to these poor foreign workers either. Also it lowers the salary level and the quality of employment working environment.

What is your suggestion?
Allow hi-tech foreign employees change employer freely. Encourage immigrants to stay legally. If legally entered this Country, legally studied and worked here for more than say, 10 years, paying tax, no bad records, issue them green card without quota limit. It helps American workers and the foreign employees who have valuable skills needed for this country and thus helps this country too.

How many people are we talking about?
Around 100 thousand. Their labor certification applications were stuck in the Department of Labor backlog center together with those cases that were pardoned of illegal stay in the country in early 2001. Every year, the Department of Labor renewed their promises to get rid of these cases in the next two years or so. The most recent renewal of the promise is to eliminate these cases by 9/30/2007.
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  #20 (permalink)  
Old 05-08-2006, 09:01 PM
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aycy is on a distinguished road
Default Foreign Labor update

Hello guys,

I was referred to George Shephard after calling Assistant Secretary Emily Derocco's office. He is the second man in charge of Foreign Labor Certification. Unfortunately, he is new (Started the job in January) and does not really know what is ACTUALLY going on at Philly. As expected, he tried to explain to me that there are thousands of files ahead of me and he could not let me know when my application will be approved.

I received the Notice of Findings (NOF) dated February 24, 2006 and had to rebut it by March 31, 2006. A rebuttal was mailed and received by Philly Backlog Center on March 28, 2006. So far, I have not received anything. I am wondering what is happening to my file. Do they just slip in back into the line again or have special team dealing with NOF cases? Quite puzzling as my file has been partially processed and all they need is to review the documents sent and make a final determination to approve or deny.

George could not give me any update except he mentioned that it will be processed by September 2007. He kept on explaining there are lots of applications in front of me and there are other variables involved. It is obvious that he is just rehashing the scripted general info back at me.

Suddenly, he asked me to hold on while he checked on something for me. After a few minutes of being on hold, he told me that Philly is processing March 2002 for RIR and I am the fortunate one as my file is almost there. I tried to explain my situation to him again (I just need to know the final determination after the NOF) and yet he kept on telling the same answers. Lots of people are in front of me and they have to clear them first before me. He also claimed that they are using FIFO. Bottom line is that he could tell when and what is happening to my file. Clueless fellowÖÖ!

I do not know how this came about but he also said that letter writing campaign would only delay the process because the workers at backlog center would have to look into the individual files per the congressional enquiries instead of processing the files. I am wondering is he referring to our letter writing campaign against his department.

Anyway, if any of you are interested in calling him and have a long chit chat, please call Emily DeRocco's office and ask for him (202-693-2700). Good luck and donít expect much from this helpless man.

aycy
NJ EB2 RIR
PD June 25'02
45 day received Sept '05
Replied 45 day letter Oct'05
NOF issued on Feb 24'06
Rebuttal received by Philly March 28'06
Status???????
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  #21 (permalink)  
Old 05-09-2006, 12:25 AM
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reachag is on a distinguished road
Default

Sent Fax
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  #22 (permalink)  
Old 05-09-2006, 07:17 AM
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Default Unable to send

When I go to Webfax, I get this: "You have already sent all the faxes in ImmigrationVoice to your legislators. Please check back later when we introduce more new faxes.". Please fix so that we can send the fax.
__________________

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  #23 (permalink)  
Old 05-09-2006, 09:55 AM
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Default web fax

just sent a fax
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  #24 (permalink)  
Old 05-09-2006, 12:30 PM
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admin is on a distinguished road
Default

Quote:
Originally Posted by Caliber
When I go to Webfax, I get this: "You have already sent all the faxes in ImmigrationVoice to your legislators. Please check back later when we introduce more new faxes.". Please fix so that we can send the fax.
This means that you have sent all the active faxes. A user can send a fax only once.
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  #25 (permalink)  
Old 05-09-2006, 04:32 PM
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Widget is on a distinguished road
Default BS or MS Degree and Equivalence and NSC Position

05/09/2006: BS or MS Degree and Equivalence and NSC Position

This has been a challenging issue for the NSC. Since all the I-140 petitions are filed with the NSC and at least the half of the cases will be adjudicated by the NSC, it is important to learn the NSC's positions on the following issues. According to the NSC Director, the following are the current positions of NSC:
Bachelor or Master degree must meet two requirement: One is the number of years in schools. Second is the specialty courses. From these standards, the NSC appears to take the following positions:
12 years in elementary and high school + 3 year Bachelor of Science degree in India + 2 years of Post Graduate Diploma or Master degree = Not Equivalent to a Master's degree for the reason that generally 18 years in school is required for a master's degree. Since one of post graduate program is taken out for Bachelor's degree equivalency, it may not necessarily prove a master's degree, according to the NSC. Such background may likely be used to prove a bachelor's degree equivalency.
12 years in elementary and high school + 3 year Bachelor of Science degree in India + 3 years of Post Graduate Diploma or Master degree= Master degree equivalent.
13 years in elementary and high school in European countries + 3 year Bachelor of Science degree= Maybe equivalent to a Bachelors degree in the U.S.
Two 2-year degrees at the same level = Not equivalent to a Bachelor's degree. Accordingly, two AA degrees will not make a Bachelor's degree equivalent. The opinion may be different if the second 2-year program requires the first 2-year degree as prerequisite to the admission.
NSC also confirms the following policies:
MS + 1 year Experience or BS + 3 or 4 year Experience in the Labor Certification = Not qualified for EB-2
Stand-alone BS + 5 years of progressive experience without the alternative requirement of MS in the Labor Certification = Qualified for EB-2.
05/09/2006: Traditional Practice of Filing Two I-140 Petitions Based on Same Labor Certification Under Review by USCIS HQ

Traditionally, the USCIS has been allowing the employer to file EB-2 and EB-3 petitions using the same EB-2 labor certification approval. However, the NSC indicates that this policy is currently reviewed by the USCIS HQ and may be revisited with the potential consequences of termination of its traditional practice and policy. It is another bad news.
Pending the policy changes, NSC will request the employer to chose one I-140 petition out of the two I-140 petitions and the second I-140 petition will be held in abeyance until the HQ policy is fixed. Bad news after bad news.
Filing two I-140 petitions by the same employer using the two different labor certification applications: No problem. NSC will adjudicate both.
05/09/2006: Imporant Procedural Changes Forthcoming for I-140/I-485 Concurrent Filing and NIW

The USCIS has been delaying the implementation of the premium processing services for I-140 immigrant petition proceedings. According to the AILA-Nebraska Service Center liaison report of April 19, 2006, the USCIS may announce the PPS program in May 2006. The NSC Director also confirmed that once the USCIS started implementing PPS for I-140 petition, it would accompany the following two critical changes:
Termination of I-140/I-485 Concurrent Filing
Shut-Out of NIW from PPS.
Once the concurrent filing is terminated, it will cause a number of problems for EB-immigrants:
Those whose legal status would expire unless they were allowed to file I-140 and I-485 concurrently will fall out of status unless they are eligible for 245(k) benefit. PPS does not guarantee the decision in 15 days when the USCIS issues RFE. The 15-day requirement runs again only after they receive the response to the RFE. Sometims, RFE response can take months. Since unlawful presence or out-of-status clock will keep ticking during the period of I-140 petition adjudication, some people may lose the opportunity for filing I-485 forever.
EAD and Advance Parole applications are available only when they file I-485 application as they are ancillary proceedings to the I-485 applications. The termination of concurrent filing procedure will take away this privilege under the current concurrent filing system.
Affect of Termination of Concurrent Filing and Unavailability of I-140 Premium Processing Services for NIW will be devastating. It practically takes away the current privilege of stopping out-of-status clock by concurrently filing I-485 as well as the privilege of applying EAD and Advance Parole. Worse yet, since the Premium Processing will not be available for the NIW I-140 petitions, it can take forever, particularly when RFE is involved. Please stay tuned.
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  #26 (permalink)  
Old 05-09-2006, 05:47 PM
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Talking I sent the fax to demand improve performance of BECs

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  #27 (permalink)  
Old 05-09-2006, 08:02 PM
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Default

Sent it... Thanks.
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  #28 (permalink)  
Old 08-21-2006, 12:32 PM
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Default Why not File a Complaint against BECs ?

http://judiciary.house.gov/Reportfraud.aspx

This Link is to report waste, fraud and Abuse to the house judiciary committee.

If you have information with respect to waste, fraud, or abuse by the government or private business conduct that you want us to be aware of, please submit the information in the space below.

Why not We use this page to file complaints about BECs and their contractor The Exceed Corporation.

They are intentionally, wasting Tax-Payers money by delaying Labor Certification Process. They were not meeting any deadlines, even promised by them.

When the BECs started, they announced all 45-Day Letters will be sent out by Septer 2005, But as of today, there are people who had not even received 45 day letters. They offered to have an Online status check System Up by the end of July 2006. After that we never Heard anything and still there is no Online Status Check available.

They are already displaying a graphic on their website claiming that BackLogs will be cleared by September 2007. Hows it Gonna Happen ?

By Miracle !!!????

We don't trust them based on their poor performance till date.

Dallas bec is not approving any 2000 or 2001 cases . They are Doing LIFO instead of the Promised FIFO.

Clearly The BECs are commendable for their wastage of tax-payer money.

File a complaint against the BEC stating each of our cases.
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  #29 (permalink)  
Old 08-21-2006, 12:41 PM
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Default

IV policy is to work with the federal agencies rather than fighting with them. It would be counterproductive. Even lawsuits have not worked in the past.

It is best to look at the overall larger picture of immigration reform and lobby for it (that includes all stages of GC process, BEC, all delays and quota system etc) rather than only focussing on one BEC aspect.
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