GOD_BLESS_YOU
Registered Users (C)
aprlc2002 said:
Please read this FAQ before asking questions.
- Thread starter GOD_BLESS_YOU
- Start date
GOD_BLESS_YOU
Registered Users (C)
songlan said:
GOD_BLESS_YOU
Registered Users (C)
interesting case............
Ray S. said:
Ray S. said:
PD & RD
Hi
I have been frequenting this site for a while now, and as thousands of others, passing each day with hope. I have the following question,
What exactly is a PD (priority date) and RD (Receipt Date) ?
I have a general idea of what this means, but would like to confirm it. I did spend few hours in these forum pages, but did not find the answer or may be i am looking at the wrong place. Please bear with me for this stupid question
Hi
I have been frequenting this site for a while now, and as thousands of others, passing each day with hope. I have the following question,
What exactly is a PD (priority date) and RD (Receipt Date) ?
I have a general idea of what this means, but would like to confirm it. I did spend few hours in these forum pages, but did not find the answer or may be i am looking at the wrong place. Please bear with me for this stupid question
Priority Date and Regional date
PD is the date where the SWA received your application. They (Philly or Dallas) will process your application based on the priority. For example, some one with a June 2002 PD date will be processed earlier than a Jun 2003 PD. RD I think is the regional date when your application reach the regional processing center. Before the backlog processing process, there were two stages of processing. Firstly, the state level and then the regional level. If your application never been processed and was transferred directly to the backlog center you would never get the RD any longer. I hope this helps.
aycy
NJ RIR June 2002
No 45 day letter yet
PD is the date where the SWA received your application. They (Philly or Dallas) will process your application based on the priority. For example, some one with a June 2002 PD date will be processed earlier than a Jun 2003 PD. RD I think is the regional date when your application reach the regional processing center. Before the backlog processing process, there were two stages of processing. Firstly, the state level and then the regional level. If your application never been processed and was transferred directly to the backlog center you would never get the RD any longer. I hope this helps.
aycy
NJ RIR June 2002
No 45 day letter yet
GC_lust said:Hi
I have been frequenting this site for a while now, and as thousands of others, passing each day with hope. I have the following question,
What exactly is a PD (priority date) and RD (Receipt Date) ?
I have a general idea of what this means, but would like to confirm it. I did spend few hours in these forum pages, but did not find the answer or may be i am looking at the wrong place. Please bear with me for this stupid question
GOD_BLESS_YOU
Registered Users (C)
nkvatsan said:
GOD_BLESS_YOU
Registered Users (C)
another RIR case reported
mamamiax said:
GOD_BLESS_YOU
Registered Users (C)
http://www.ows.doleta.gov/foreign/pdf/perm_faqs_8-8-05.pdf
Question: Under PERM, is it permissible for an employer to have more than one labor certification application actively in process for the same alien at any given time? What should an employer do if it has already filed multiple applications for the same alien?
) Under PERM, an employer may not have more than one labor certification application actively in process for the same alien at any given time. We do not intend to issue more than one permanent labor certification for the same alien regardless of the number of filed applications, and whether for the same or different job opportunities. After August 31, 2005, once one permanent labor certification application for a particular alien is certified, all other applications for that alien filed under PERM will be denied. Additionally, once one application has been certified, a Notice of Finding will be issued for any application(s) by the employer for the same alien filed under the prior regulation (in effect through March 27 2005) found pending in either of the Backlog Elimination Centers (BECs). Similarly, once an application for the alien has been certified in a BEC, any pending application in either of the National Processing Centers (NPCs) filed by the employer for the same alien will be denied. In the event multiple permanent labor certification applications for the same alien under PERM are inadvertently certified, we intend to revoke all but the first certification under 20 CFR 656.32. In the event multiple permanent labor certification applications for the same alien are certified at both the NPC and the BEC, we intend to revoke the one filed under PERM.
If an employer wishes to file a new application for a particular alien and there is currently an application on file for that alien, the employer may not file the new application until the employer formally withdraws the previously filed application or the employer has been notified, in writing, that the previous application is denied. (For withdrawal information, see the separate FAQ on procedures for withdrawing an application.)
NOTE: If employers currently have multiple applications for the same alien pending under PERM, the employers must withdraw, by August 31, 2005, all applications other than the one they want processed. As of August 31, 2005, if multiple applications from an employer for the same alien are still pending, the last application filed will be the one processed and all the other pending applications will be denied.
NOTE: An employer may not file a new application for an alien while a request for review is pending with the Board of Alien Labor Certification Appeals (BALCA).
Question: In view of the past practice of allowing the filing of multiple applications by the same employer for the same alien if the job opening was different, why, under PERM, is the employer precluded from having more than one application for the same alien actively in process at any given time?
) While we acknowledge past practice permitted the filing of multiple applications by the same employer for the same alien if the job opening was different and distinct, this practice was instituted to accommodate changes in circumstance inherent in a multi-year review process. Because re-engineering of the labor certification process reduces the processing time from years to months, there is no longer a need to continue this accommodation practice. Moreover, the filing of multiple applications for the same alien runs counter to the concept of a streamlined process.
Question: Under PERM, is it permissible for an employer to have more than one labor certification application actively in process for the same alien at any given time? What should an employer do if it has already filed multiple applications for the same alien?
) Under PERM, an employer may not have more than one labor certification application actively in process for the same alien at any given time. We do not intend to issue more than one permanent labor certification for the same alien regardless of the number of filed applications, and whether for the same or different job opportunities. After August 31, 2005, once one permanent labor certification application for a particular alien is certified, all other applications for that alien filed under PERM will be denied. Additionally, once one application has been certified, a Notice of Finding will be issued for any application(s) by the employer for the same alien filed under the prior regulation (in effect through March 27 2005) found pending in either of the Backlog Elimination Centers (BECs). Similarly, once an application for the alien has been certified in a BEC, any pending application in either of the National Processing Centers (NPCs) filed by the employer for the same alien will be denied. In the event multiple permanent labor certification applications for the same alien under PERM are inadvertently certified, we intend to revoke all but the first certification under 20 CFR 656.32. In the event multiple permanent labor certification applications for the same alien are certified at both the NPC and the BEC, we intend to revoke the one filed under PERM.
If an employer wishes to file a new application for a particular alien and there is currently an application on file for that alien, the employer may not file the new application until the employer formally withdraws the previously filed application or the employer has been notified, in writing, that the previous application is denied. (For withdrawal information, see the separate FAQ on procedures for withdrawing an application.)
NOTE: If employers currently have multiple applications for the same alien pending under PERM, the employers must withdraw, by August 31, 2005, all applications other than the one they want processed. As of August 31, 2005, if multiple applications from an employer for the same alien are still pending, the last application filed will be the one processed and all the other pending applications will be denied.
NOTE: An employer may not file a new application for an alien while a request for review is pending with the Board of Alien Labor Certification Appeals (BALCA).
Question: In view of the past practice of allowing the filing of multiple applications by the same employer for the same alien if the job opening was different, why, under PERM, is the employer precluded from having more than one application for the same alien actively in process at any given time?
) While we acknowledge past practice permitted the filing of multiple applications by the same employer for the same alien if the job opening was different and distinct, this practice was instituted to accommodate changes in circumstance inherent in a multi-year review process. Because re-engineering of the labor certification process reduces the processing time from years to months, there is no longer a need to continue this accommodation practice. Moreover, the filing of multiple applications for the same alien runs counter to the concept of a streamlined process.
GOD_BLESS_YOU
Registered Users (C)
Lawyer Received approval today
Confirmed.. approved on Aug 11th and recieved on Aug 18th.,
Confirmed.. approved on Aug 11th and recieved on Aug 18th.,
GOD_BLESS_YOU said:
GOD_BLESS_YOU
Registered Users (C)
Latest News of DOL Backlog Processing Centers Processing
09/16/2005: Latest News of DOL Backlog Processing Centers Processing
AILA has reported that it had received information from the DOL on September 12, 2005 concerning the status of the backlog processing at the Dallas and Philadelphia Processing Centers. The report draws a picture of the following not-too-promising statistics:
Total Pending Backlog Cases: 345,000 (pending at Dallas & Philadelphia) + X number of cases (pending at San Francisco + New York Satellite Centers) = ? They did not disclose how many cases still remain at the two satellite centers. There is no report on the status of processing of the cases at the two satellite centers. One may assume that total number of pending backlog cases may record much larger than 350,000.
Record of Processing at Dallas + Philadelphia (345,000):
100,000 cases yet to complete "partial data entry." (Without "full" data entry, no 45 day letters are generated)
X number of cases completed partial data entry (These cases cannot generate 45 day letters until full data entry.)
Y number of cases completed full data entry (generated 45 day letters)
The report failed to make public the statistics of the total number of cases adjudicated and the total number of cases which completed a full data entry and generated 45 day letters. As for the total number of cases adjudicated, it just stated "tens" of thousands of cases. Tens of thousands of cases range from 10,000 to 99,000 out of 345,000+ cases. If it meant 10,000, the number is indeed a tip of a huge iceberg (345,000+). We also have no idea of what "adjudication" meant. The immigration practitioners have reported some approvals of cases without even 45 day letters being generated and the pattern of approval cases reflects that they were not processed in the First In First Out order. In a way, it may be taken as a good news in that if they should stick to the FIFO processing rules, they would not be able to process any cases until the unopened box cases and the pending cases complete the full data entries. However, it may be taken as an arbitrary processing of cases when it comes to the issue of fairness and other rules of administrative process.
Timeline: We have no information when the partial data entry or full data entry will be completed and when the 45 day letters will be sent out to the applicants for the pending cases. It just stated that in the next few months, data entries will be completed and 45 day letters will be sent out. Now we are approaching the end of the calendar year and the holiday seasons. Currently, two satellite centers are scheduled to shut down in early January 2006. All in all, adjudication of these large number of pending cases is not too promising when it comes to the timeline.
For those later filers in the row, it would not mean much as the early certified labor certification applications will lead them to nowhere because of the visa number backlog of from five to seven years for the Indians and Chinese. However, for the earlier filers in the row or in the pipeline, the delay in the labor certification at the Backlog Processing Centers adds a terrible pain on top of the visa number backlogs. Believe it or not, out of the three fed agencies that deal with the immigration business (USCIS, DOS, DOL), the USCIS will become our hero in terms of processing times and DOS and DOL are likely to remain devils to the immigrants for quite a while. In the U.S. immigration history, the immigration services have never received such a "welcome" treatment. The USCIS should thank to Bush, DOS, and DOL. What you know!
09/16/2005: Latest News of DOL Backlog Processing Centers Processing
AILA has reported that it had received information from the DOL on September 12, 2005 concerning the status of the backlog processing at the Dallas and Philadelphia Processing Centers. The report draws a picture of the following not-too-promising statistics:
Total Pending Backlog Cases: 345,000 (pending at Dallas & Philadelphia) + X number of cases (pending at San Francisco + New York Satellite Centers) = ? They did not disclose how many cases still remain at the two satellite centers. There is no report on the status of processing of the cases at the two satellite centers. One may assume that total number of pending backlog cases may record much larger than 350,000.
Record of Processing at Dallas + Philadelphia (345,000):
100,000 cases yet to complete "partial data entry." (Without "full" data entry, no 45 day letters are generated)
X number of cases completed partial data entry (These cases cannot generate 45 day letters until full data entry.)
Y number of cases completed full data entry (generated 45 day letters)
The report failed to make public the statistics of the total number of cases adjudicated and the total number of cases which completed a full data entry and generated 45 day letters. As for the total number of cases adjudicated, it just stated "tens" of thousands of cases. Tens of thousands of cases range from 10,000 to 99,000 out of 345,000+ cases. If it meant 10,000, the number is indeed a tip of a huge iceberg (345,000+). We also have no idea of what "adjudication" meant. The immigration practitioners have reported some approvals of cases without even 45 day letters being generated and the pattern of approval cases reflects that they were not processed in the First In First Out order. In a way, it may be taken as a good news in that if they should stick to the FIFO processing rules, they would not be able to process any cases until the unopened box cases and the pending cases complete the full data entries. However, it may be taken as an arbitrary processing of cases when it comes to the issue of fairness and other rules of administrative process.
Timeline: We have no information when the partial data entry or full data entry will be completed and when the 45 day letters will be sent out to the applicants for the pending cases. It just stated that in the next few months, data entries will be completed and 45 day letters will be sent out. Now we are approaching the end of the calendar year and the holiday seasons. Currently, two satellite centers are scheduled to shut down in early January 2006. All in all, adjudication of these large number of pending cases is not too promising when it comes to the timeline.
For those later filers in the row, it would not mean much as the early certified labor certification applications will lead them to nowhere because of the visa number backlog of from five to seven years for the Indians and Chinese. However, for the earlier filers in the row or in the pipeline, the delay in the labor certification at the Backlog Processing Centers adds a terrible pain on top of the visa number backlogs. Believe it or not, out of the three fed agencies that deal with the immigration business (USCIS, DOS, DOL), the USCIS will become our hero in terms of processing times and DOS and DOL are likely to remain devils to the immigrants for quite a while. In the U.S. immigration history, the immigration services have never received such a "welcome" treatment. The USCIS should thank to Bush, DOS, and DOL. What you know!
GOD_BLESS_YOU
Registered Users (C)
BEC Update from Murthy .com
2. BECs Update
The U.S. Department of Labor (DOL) provided some information in mid-September 2005 regarding the progress of the Backlog Processing Centers (BPCs), also sometimes referred to as the Backlog Elimination Centers (BECs). The DOL confirms that, in addition to the approximately 345,000 cases forwarded to the BPCs, cases are still pending and being processed by the DOL San Francisco Regional Office, as well as the New York Regional Office. These offices are scheduled to remain open until January 2006.
Data Entry - 45-Day Letters
The DOL reports that they have completed full or partial data entry on about 90 percent of the cases. In order for them to issue a 45-day letter, they must have completed ALL data entry. They estimate that at least 100,000 cases (approximately 29 percent of the total cases) have not been fully entered. They give a timeframe of a few more months to complete the data entry and the issuance of the 45-day letter on all cases.
RIR / Regular LC Cases Status
The BPCs are adjudicating both RIR and regular (non-RIR) cases. They are only working on those non-RIR cases for which recruitment was completed prior to the transfer of the case to the BPC, however. They will ready themselves for the non-RIR cases that require advertising and related matters over the next few months.
Progress of BPC Cases
At The Law Office of Sheela Murthy, we continue to see approvals of BPC cases on a regular basis. They report that they have adjudicated tens of thousands of cases. We reported on the approvals received in our Office in July and August 2005, in our August 19, 2005 article, BPCs Continue Approving Cases - August 5-12, 2005, available on MurthyDotCom. We have continued to track this development for the benefit of MurthyDotCom and MurthyBulletin readers. We received about twenty approvals between August 15 and September 14, 2005.
Philadelphia BPC
Of those twenty approvals received over approximately one month, fourteen were processed through the Philadelphia BPC. Twelve of these fourteen cases were initially filed in Maryland. The other two were filed in Virginia. The Maryland cases ranged from priority dates of June 2001 to several that had March 2002 priority dates. The two Virginia cases had priority dates of March and April 2002. Thus, as before, we note that it is a rather imperfect FIFO (First-In / First-Out) system, with representation from only two states. While The Law Office of Sheela Murthy is based in Maryland, our clients are located all over the United States.
Dallas BPC
The remaining seven approvals were from the Dallas BPC. Three states were represented in the approvals we received: Texas, Michigan, and Ohio. The oldest Texas case had a priority date of October 2002. The more recent ones had been filed in January 2003. The single Michigan case had a priority date of January 2003. The Ohio cases were filed in December 2002 and January 2003.
We will continue to update MurthyDotCom and MurthyBulletin readers regarding the BPCs. These cases become even more important, as drastic visa cutoff dates have been established in EB2 and EB3. More information on this current immigration topic is available in our MurthyBulletin article, Retrogression : Useful Information on MurthyDotCom! (article #1 above), also in this week's MurthyBulletin. The prospect of gaining a benefit by re-filing one's labor certification under PERM is reduced as visa numbers become unavailable from October 1, 2005, for all but the oldest cases. The further retrogression of priority dates confirms our position earlier in 2005, which stressed the importance of filing RIR or regular LC cases before PERM became effective, since obtaining an earlier priority date again becomes critical towards filing the last stage of the process for the green card.
2. BECs Update
The U.S. Department of Labor (DOL) provided some information in mid-September 2005 regarding the progress of the Backlog Processing Centers (BPCs), also sometimes referred to as the Backlog Elimination Centers (BECs). The DOL confirms that, in addition to the approximately 345,000 cases forwarded to the BPCs, cases are still pending and being processed by the DOL San Francisco Regional Office, as well as the New York Regional Office. These offices are scheduled to remain open until January 2006.
Data Entry - 45-Day Letters
The DOL reports that they have completed full or partial data entry on about 90 percent of the cases. In order for them to issue a 45-day letter, they must have completed ALL data entry. They estimate that at least 100,000 cases (approximately 29 percent of the total cases) have not been fully entered. They give a timeframe of a few more months to complete the data entry and the issuance of the 45-day letter on all cases.
RIR / Regular LC Cases Status
The BPCs are adjudicating both RIR and regular (non-RIR) cases. They are only working on those non-RIR cases for which recruitment was completed prior to the transfer of the case to the BPC, however. They will ready themselves for the non-RIR cases that require advertising and related matters over the next few months.
Progress of BPC Cases
At The Law Office of Sheela Murthy, we continue to see approvals of BPC cases on a regular basis. They report that they have adjudicated tens of thousands of cases. We reported on the approvals received in our Office in July and August 2005, in our August 19, 2005 article, BPCs Continue Approving Cases - August 5-12, 2005, available on MurthyDotCom. We have continued to track this development for the benefit of MurthyDotCom and MurthyBulletin readers. We received about twenty approvals between August 15 and September 14, 2005.
Philadelphia BPC
Of those twenty approvals received over approximately one month, fourteen were processed through the Philadelphia BPC. Twelve of these fourteen cases were initially filed in Maryland. The other two were filed in Virginia. The Maryland cases ranged from priority dates of June 2001 to several that had March 2002 priority dates. The two Virginia cases had priority dates of March and April 2002. Thus, as before, we note that it is a rather imperfect FIFO (First-In / First-Out) system, with representation from only two states. While The Law Office of Sheela Murthy is based in Maryland, our clients are located all over the United States.
Dallas BPC
The remaining seven approvals were from the Dallas BPC. Three states were represented in the approvals we received: Texas, Michigan, and Ohio. The oldest Texas case had a priority date of October 2002. The more recent ones had been filed in January 2003. The single Michigan case had a priority date of January 2003. The Ohio cases were filed in December 2002 and January 2003.
We will continue to update MurthyDotCom and MurthyBulletin readers regarding the BPCs. These cases become even more important, as drastic visa cutoff dates have been established in EB2 and EB3. More information on this current immigration topic is available in our MurthyBulletin article, Retrogression : Useful Information on MurthyDotCom! (article #1 above), also in this week's MurthyBulletin. The prospect of gaining a benefit by re-filing one's labor certification under PERM is reduced as visa numbers become unavailable from October 1, 2005, for all but the oldest cases. The further retrogression of priority dates confirms our position earlier in 2005, which stressed the importance of filing RIR or regular LC cases before PERM became effective, since obtaining an earlier priority date again becomes critical towards filing the last stage of the process for the green card.
labordrags
Registered Users (C)
Please from now on, one should only post the FAQ related to BECs in this particular thread. Any other posts will be deleted from this thread. Also I split this thread and created a new one called "Overall Backlog Elimination Centers update/discussion". If you have any questions, please let me know. Its really hard to keep track of FAQs for new members when all unrelated questions being asked in this particular thread. I will be going thru this thread, and will delete all the unwated questions being asked in this particular thread. Please make it clean, I need your help.
Thank you for your time and co-operations.
Thank you for your time and co-operations.