NY DOL news

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Nikolas

Registered Users (C)
Guys,

The previous "Good news..." thread sounds scoffingly.

I am not trying to replace it to "Bad news..."and I do not want to confuse new readers.

I have been reading that previous thread for six month and found
nothing good about NY DOL.

There are many alarming news from California thread: "cases are also getting remanded without thoroughly considering the merits of each and every individual case"...

This infection may expand to all states, including NY.

We can start bombard NY DOL by simple question: "When will April RIR cases be cleared?" .

I am not sure we can get a proper answer from them - they are frustrated by the huge backlog.

My attorney is not positive that they can finish April 2001 during this year.
 
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Everyone keeps silence...

Meet again on New Year (December 31, 2003) . I will drink gallon of vodka if NY DOL moves from April 2001.

Otherwise you can consider me a sober man.
 
Re: Re: NY DOL news

NY SESA will NEVER complete April01 backlog. Too much cases.

They probably wait for PERM in next year to clear the backlog. How?

Very easy: many cases will be resubmitted to PERM with extra cost. The rest cases will be remanded to regular LC, denied or even approved, and it takes several years more. Who can wait for years more? Yep, only a few of us.

Goverment gave birth to i245 and did not estimate how it can affect on the LC for legals. Finally we have deplorable result: before April01 RIR did take 3-6 month, now it is infinite in NY state.

SWINISH TRICK.
 
PERM news

AILA-DOL Meeting

"DOL ETA will provide a mechanism with which one may "convert" an old case filed prior to PERM into a PERM case. DOL ETA suggested that the better word to descibe the process they have in mind is an "upgrade". Most likely, those who wish to "upgrade" an old case to the PERM system, and maintain the priority date, will have to file a new PERM case that qualifies under the new PERM rules, and request that the old priority date be ratained. Most likely there will have to be new advertising undertaken, unless the advertising for the old case happens to meet the PERM requirements. DOL is also looking at mechanisms to "marry" an old case with a new PERM case for the purpose of upgrading."

I do not understand why the priority date is needed to be retained. PERM means very fast processing (in 3 weeks) of each case. Do they want to collect additional money for case converting and put it into another very long queue?
 
From the same source:

DOL ETA wishes to continue a dialogue with AILA on this issue. DOL is extremely
concerned about duplicate filings used for the fraudulent purpose of “selling” slots.
DOL ETA stated that there is a concern that a “duplpicate filing,” is simply a “place
holder,” that there is really no job vacancy there. DOL ETA is concerned about filing
multiple applications for the same position, and is beginning to look at what is being
filed by whom, and how many of the apparently same case are being filed.
 
Originally posted by Nikolas
Look at this:

http://www.schulzlaw.com/PERMRIRcomparison.html

PERM is a bullshit!
90% applications will be rejected...

Fortunately PERM will not be introduced this year.

I guess it NEVER starts.
Click to expand...

PERM looks ugly.

They say NY DOL will stay on April 2001 at least 4-5 months more. Everyone, who filled RIR after April 2001, has a big probability to lay down under the PERM conversion.
 
September 1st, 2003....

Who can make a prognosis what happens with RIR LC on 2004?

My guess is positive - April'01 backlog in NY DOL will be cleaned in the next year... At least by September 2004.
 
My attorney has an opinion that April'01 backlog will be cleared by coming January.

Wait only 3 months more. Fortunately it is not 3 years.
 
from http://www.mnllp.com/newnewsinfo.html#8August%2029,%2020038%20New/Revised%20BCIS/INS%20Forms

August 28, 20038 PERM Update
The DOL has recently announced that it expects final regulations for PERM (Labor Certification Application) Program to be published in the Fall of 2003. Implementation is expected by end of 2003.

PERM (Program Electronic Management Review) System/Program
The ETA-750 Labor Certification Application ("LCA") is the first step for many employment-based immigrant visa "green card" applications, where a US Petitioner/Employer proves that there are no qualified, able, willing and available US workers (U.S. Citizens or Permanent Residents) who can meet the minimum requirements of a job offer.
The recruitment campaign (advertisement, etc.) is conducted by the U.S. Petitioner/Employer, and if no U.S. workers are located, and if the foreign national (beneficiary/employee) meets the requirements, the LCA may be certified by the Department of Labor ("DOL"). The requirements of the job offer include minimum education, experience, specialized knowledge, etc., necessary for the job, and a salary that is considered at "prevailing wage" for the position. After the LCA is certified/approved, the I-140 Immigrant Preference Application is filed with the BCIS/INS, and finally, the I-485 "adjustment of status" (U.S.) or "consular processing" for issuance of the actual "green card" status. (Currently, the I-140 & I-485 "adjustment of status" can be filed concurrently.)
There are two types of LCA filings: "Standard (Traditional)" and "Reduction in Recruitment (RIR)." These types require submission of numerous documents, including recruitment/advertisement evidence, to the DOL, and typically require extensive time and follow-up tasks under the guidance (or supervision) of the DOL.
A new, revamped LCA program called "PERM" is an on-line electronic type of filing the LCA. This program, while similar to the RIR program, allows submission of the application via the internet (similar to on-line filing of H-1B ETA-9035 Labor CONDITION Applications).
If the PERM application is favorably reviewed, certification can be expected in several weeks. This highly anticipated program's initial rules were published in May 6 of 2002.
For those who have already filed "Standard (Traditional)" and "Reduction in Recruitment (RIR)" applications, a method of conversion may be available. Possibilities are a) converting to PERM because the filed application already meets the PERM rules, or b) allowing a conversion with additional requirements.
 
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Does anyone know what happens with NY DOL?

Folk, they did not updated processing time in September.
 
what is happening with NY DOL

They did not update the info in September because they laidoff the H1b programmer who was maintaining their web site............................ :)


Guys, lets pool some donation money and send it to DOL so , per case cleared, they get one $.
 
Re: what is happening with NY DOL

Read the "good news" thread. Thay say NY DOL needs 6 months more to process April 30 2001.
This is really "good" news.

The bad news is NY DOL will NEVER finish April 30.
 
Re: Re: what is happening with NY DOL

Originally posted by Nikolas
Read the "good news" thread. Thay say NY DOL needs 6 months more to process April 30 2001.
This is really "good" news.

The bad news is NY DOL will NEVER finish April 30.
Click to expand...

Let estimate how long the backlog clearing may take.

From the source, published on March 10, 2003:http://www.house.gov/velazquez/PressReleases/2003/PR031003.htm
"With more than 50,000 labor certification applications pending, New York state currently has the worst delays in the country..."

"Approximately 65 employees of the New York Regional office..."

"The Foreign Labor Certification Unit also processes close to 13,000 cases per year..."

50000 / 13000 = 3.9 years

It means the applications, filled on March 2003, will be processed by NY DOL on the beginning of 2007!

Am I right?
 
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Re: Re: Re: what is happening with NY DOL

Yes, it seems you are right.

There is more bed news. A few months ago NY DOL was going to complete April 2001 backlog to the end of this year November. Then they promised to do this to the beginning of the next year. Now NY DOL is going to stay on April 2001 up to coming spring...

Do not believe them. The real date is much further.
 
Re: Re: Re: Re: what is happening with NY DOL

Guys from "good news..." thread organized a glorious company to write a petition to expedite the RIR certification. I will submit their letter to the recommended addresses.

Anyway the RIR backlog will not be cleared up to April 30, 2004 because NY DOL has set this date as a next milestone.

Good luck to all and meet on April 30th, 2004!
 
Re: PERM news

I just read a messagel from one guy from New York City that his RIR, dated on May 2001, was returned to his company with new questions from DOL. I will try to get an additional info about that and inform all of us.

It is strange to hear frm smb about processing their RIR with PD after April 2001. NY DOL is going to stay on April 30 cases at least to coming spring.
 
from maxie..this is from another thread...

RIR rejected in NY, now what?
RIR submitted in June 2001 in New York, now it came back rejected. according to the lawyer, my company has to re-run the hiring process and my case CANNOT be filed until after 12 months!!! --- that is, if no one was hired again.

Can anyone has same experience share your information? Is there a chance to speed up this process? Is there a way to appeal? I almost went crazy on the news. But it might be good for some people since it might be an indication that NY started processing after April cases, but don't take my word for it.
 
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