Tracking DOL list for California due to 245i

245 backlog

I agree backlog is over after DOL. There is a simple reason. The number of cases approved by SESA, DOL, INS each day is pretty constant. E.g. SESA probably issues 100 approvals/day, INS I-140 - 300 etc. 245 cases made a huge backlog at SESA level, but after that SESA forwarded cases on a regular basis. Of course the processing times at DOL and INS level will be slightly longer because there will be no "easy" days for them when number of forwarded cases is less than usual. And I see the current situation proves that. If you look at Processing times for I-140 (http://www.immigration.com/processing-times/ca.html) it\'s about 3.5 months for EB2 and EB3, just the same as it was 1,2,3 months ago. The even managed to jump in EW-3 cases (unskilled workers) from September to December since last report 2-3 weeks ago. So just relax and wait for some time.
 
serg38 - consider the following

I wish your conclusions were correct, but I don\'t believe that\'s the case. Firstly, SESA does not process a constant number of applications daily- when the 245i backlog occured at SESA, they hired overtime workers to clear the backlog. In other words, they sent more cases to DOL on a daily basis than they normally do- which is why the backlog shifted to DOL. This is proved by the fact that DOL processing times have gone from 2 weeks to over 3 months! If your theory was correct, this would not have happended.

About your second observation that 140 times have remained same for the last 3 months, there is an easy explanation- most of the 245i cases are still in labor (either at SESA or DOL). Therefore, they have yet to hit the 140 and create a backlog there. Note that while San Francisco DOL has moved past 4/30, various other DOLs and SESAs are still at 4/25. All those cases will start coming to 140 soon and create a backlog there too.

Don\'t mean to disagree with you- but this is my understanding.
 
I 245 delay

Can anyone provide more correct infomation instead of any kind of guessing. Do you hear any saying from lawyer whether I-245 will continue to affect I-140? I have been so tired to follow i 245 delay. It takes forever to wait for LC. Now it will take another endless waiting for I-140. I can\'t stand it anymore.
 
will delay in I-140 stage too

I just check out one Chinese website. It states that delay of I 245 will continue at I-140 & I-485 stage. It is not a good news :(
 
245i -- what is it ?

Sorry for a question , answer to which is probably known to majority people here -- but what is 245i ? What is the thing that caused this massive delay ?
 
a bill passed in April

which took benifits from legal immigrants and then gave them to illegal immigrants for votes.
 
But what does it have to do with Labor Department ?

I thought illegals file for I485 and get back to gathering a tomatoes crop ?
 
I agree with you

But don\'t you think that all these 245I cases will fall in to Unskilled labor category which is EW-3. How does it effect EB1,2 or 3?
 
what is section 245i

What is Section 245i?

Section 245i of the Immigration and Nationality Act allows certain applicants for permanent residency or labor certification to adjust their status in the U.S. without returning to their home country.

Who can benefit from Section 245i?

The spouse and unmarried children of any age of legal permanent residents
The spouse, any children, parents and siblings of US citizens
Alien eligible for residency based on a valid job offer.
For example, this includes the following scenarios:
Michelet was born in Haiti. He is single. His father is a permanent resident.
Guerdy was born in Haiti. She is married. Her father is a U.S. citizen.
Jeanine was born in Haiti. Her sister is a US citizen.
Guerdy was born in Haiti. Her husband is a legal resident.
Eddy was born in Haiti. His wife is a US citizen.
Ronald was born in Haiti. His daughter is a US citizen.

Are there any other requirements that must be fulfilled?

Beneficiaries must prove physical presence in the US on December 21, 2000. Government documents, receipts, bank records that show activity, and other affidavits with the seal or signature of the issuer on letterhead paper and the date of December 21, 2000 may also be used to prove physical presence.
 
Receipt of Labor certification

Does any one know how long it takes to get the receipt & PD after filing the labor certification? My lawyer files it on 11/16/01 and the receipt is still awaited. He said SESA has a huge backlog at their mailroom. I have no idea what that is?
 
Bad news from DOL-ALIA meeting.

I just read this note at http://www.immigration-law.com/ (under Breaking news). Looks like all those who have PD in SESA after April 30 are royally screwed. To me it looks like 430 (april 30) is worse date than 911 for all the GC seekers. God bless America and 245i law.

Updated 01/15/2002: DOL Predicts Increased Backlogs in Large States

At the DOL-AILA Liaison Meeting of 11/30/2001, DOL released that in fiscal year 2001, DOL received over 106,000 new regular permanent labor certifications nationally. In addition, over 235,000 245 (i) labor certifications were received prior to the April 30, 2001 deadline. The 245 (i) cases impacted heavily in New York, New Jersey, Texas, Illinois and California where 65-70% of the 245 (i) cases were filed. In these states, the current processing times do not factor in the 245 (i) cases because the SESAs have not reached these cases yet. In New York current processing for permanent cases is about 5 ½ years with RIR cases taking from 10 to 12 months. In Texas, regular cases are being processed in about 2 ½ years with RIR cases taking about 1 year. In California, regular cases are being processed in about 2 years with RIR cases taking 7 to 8 months. When the states with the most serious backlogs reach the 245 (i) bubble, the processing times will increase greatly. Some smaller states such as Vermont, West Virginia, Illinois, Oklahoma, Iowa, Nebraska, Montana, North Dakota, South Dakota, Wyoming and Hawaii have actually passed the 245 (i) bubble and consequently processing in these states will be quicker. Chronic staffing shortages at the SESAs and DOL regional offices will reportedly continue.
 
SESA has reached 245(i) cases for california..

well ash123, SESA has reached 245(i) labor cases in california, but not in new york, new jersey and texas, and DOL in californa already is on 4/30 cases. By probably in another 20-25 working days, DOL is going to complete the 4/30 cases.. so just relax, by the way what status is your application ?
 
ash123, if you see the post 36 in this thread you will

see that . this guy\'s pd was 4/30, and his labor is approved..

36. labor approved
Posted By: greenEnvy 1/3/02 1:45 PM
(#65 of 95)
0950xxxx
PD 04/30/01
xfer2DOL 09/26/01
RD 10/02/01
(P.S with layoffs )
 
This is old information

SESA in CA is about to be done with ALL 245 (I) cases (there is some backlog I believe ) in 4-5 days.
The impact on DOL is obvious - processing times jumped from 3 days to 3 months . I don\'t believe that it can get any worst than that. After 3 months DOL will be CLEAN from 245 (I) cases.
 
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