Any estimate?

A

amolkool

Registered Users (C)
Hello All,

I have one regular labor certification application (EB2, PD Jan 03) and one RIR (EB2, Aug 04) application pending with the DOL. Both applications have been shipped to the backlog reduction center, though I am yet to receive the 45 day letters from the DOL.

My lawyer keeps telling me that the DOL would be cleariing both these applications by this summer. How realistic does this sound? DOL has promised that within 2 years it is planning to clear all the backlog. Do you guys think thats reasonable/realistic?

I am fed up with having to depend on this GC issue for making my career plans, hence planning to abolish this whole process by converting to a student visa for a full time MBA program at a Top 10 US Business school.

What do you guys think as a reasonable estimate for me to get a GC from here on, given my PDs as above (the regular EB2 application has a PD of Jan 03 and RIR EB2 application has a PD of aug 04).

I'd appreciate your responses/coments.

Thanks

-Amol
 
Thanks maxblack, but my lawyer keeps playing his broken record that by summer, both my apps would be cleared by the backlog reduction centers. Plus, I think he will take like 6 months just to file for PERM (he took 1.5 yrs to just file my RIR!)
 
Amol,

I am not sure( like everyone here) exactly how much time it might be, before things start moving for both your application, but in my guess Summer is too optimistic.

Also I don't think converting to PERM will help either, as the 45 days to 60 days of approval of Labor through PERM is only for application filed directly under PERM. It doesn't apply to conversion application. I read it somewhere in this message board/immigration-law.com ( not sure) several weeks ago.

I think for now we have to be patient. I know, I hate when some one else says to be patient.



amolkool said:
Thanks maxblack, but my lawyer keeps playing his broken record that by summer, both my apps would be cleared by the backlog reduction centers. Plus, I think he will take like 6 months just to file for PERM (he took 1.5 yrs to just file my RIR!)
Click to expand...
 
h1b2ndterm,

Thanks for the insight. I did not know that the 45-60 day PERM timing does not apply to converted cases. I'll check with the lawyer abt the validity of this.
I'm not tired of waiting (not that much), but i'm sick of having to depend on my career plans based on this stupid and inefficient process.
I guess thats everyone's frustration.
Thanks for your post, I appreciate it.
 
I wonder if these guys ever fix this problem.They have everything to gain from it and nothing to lose as Greenspan had said recently.But i guess it's all pre-conceived way to do it - by keeping everyone on toes. I have abt 4 1/2 years left on my H-1 but mentally preparing myself to toss out if things don't go well with this immigration.
 
At BECs, All the Data Entry will be complete only in the September 05. Then there are applications having PD since 2001. I myself is a 2002 case.

So my gut feeling is assuming that BECs go per their plan of clearing the backlog in two years, they will be taking around 8-12 months from sep 05 for 2001, 2002 cases and rest for 03, 04 nad 05 cases.

so I do not see mid 2003 labor cases getting cleared by mid 2006.

Bottomline - Your summer of 2005 will be labor free :)
 
amolkool said:
Hello All,

I have one regular labor certification application (EB2, PD Jan 03) and one RIR (EB2, Aug 04) application pending with the DOL. Both applications have been shipped to the backlog reduction center, though I am yet to receive the 45 day letters from the DOL.

My lawyer keeps telling me that the DOL would be cleariing both these applications by this summer. How realistic does this sound? DOL has promised that within 2 years it is planning to clear all the backlog. Do you guys think thats reasonable/realistic?

I am fed up with having to depend on this GC issue for making my career plans, hence planning to abolish this whole process by converting to a student visa for a full time MBA program at a Top 10 US Business school.

What do you guys think as a reasonable estimate for me to get a GC from here on, given my PDs as above (the regular EB2 application has a PD of Jan 03 and RIR EB2 application has a PD of aug 04).

I'd appreciate your responses/coments.

Thanks

-Amol
Click to expand...


Amol,

It is very unlikley that your case will be approved this year. This is my estimate based on my close watch on this process.

My suggestion. Convince your current employer to continue your green card process while you finish your MBA.
You may get your MBA and GC both to gather.

Good Luck.
 
How Amol can get GC and MBA togeather didn't he need to show that he is on company's payrole.I am in same situation my LC RIR EB3 pending since April 2003.I made good decision in May 2002 that applied for canadian immigration and now i am canadian permanant resident for safe side.
 
nitu said:
How Amol can get GC and MBA togeather didn't he need to show that he is on company's payrole.I am in same situation my LC RIR EB3 pending since April 2003.I made good decision in May 2002 that applied for canadian immigration and now i am canadian permanant resident for safe side.
Click to expand...


Green Card is for Future Employment. It is not necessary for you to be emplyed with the sponsoring company while your GC is under process. April 2003 is not that bad. You may be just 1 year away to get your LC and by then even your priority date may become current.

As far as I am concerned I would prefer India over Canda because that is where the growth is. Canda is and will remain stangnant. I have some frineds who migrated to Canda and the went back home. But that is a matter of personal choice. I do not know which is your home country.

Good Luck to you.
 
rate of processing

An important question - "When the BEC starts processing our cases, in a months span will the BEC able to complete processing MORE than a months applications?"

ssdtm said:
At BECs, All the Data Entry will be complete only in the September 05. Then there are applications having PD since 2001. I myself is a 2002 case.

So my gut feeling is assuming that BECs go per their plan of clearing the backlog in two years, they will be taking around 8-12 months from sep 05 for 2001, 2002 cases and rest for 03, 04 nad 05 cases.

so I do not see mid 2003 labor cases getting cleared by mid 2006.

Bottomline - Your summer of 2005 will be labor free :)
Click to expand...
 
EB2 Filed 4/25/2003 RIR

Hi Guys
I had asked my attorney to initiate a status check on my Labor appln, this is the response I got. My case was filed EB2 RIR 25th April 2003
:confused:
----------------------------------------------------------------------
The purpose of this letter is to acknowledge your request regarding the status of the above-referenced case.

The new case number is: NOT YET ASSIGNED
The above-referenced case has been transferred to one of the Division of Foreign Labor Certification's Backlog Processing Centers. At this time, we are unable to provide any additional status information on Permanent Labor Certifications. All Processing Center files are in the process of being transferred into a new database. Once the data entry process is completed, a 45-day letter will be issued on all applications and additional information will be requested from the employer if needed.

Please do not request additional status information for at least 90 days after responding to the 45-day letter.
Sincerely,
 
ssdtm,APD (incidentally, i have a friend with the exact same nick name) and others,

Thanks for a your estimates/comments. I really appreciate this.
Looks like the consensus here is that there is a very slim chance of the Regular EB2 Jan 03 case getting approved before another 1.5 years.
Thats a little too much for me at this point in my career.
I'd rather give up this entire process and make plans independent of this ridiculous process.

The only alternative seems to be converting to PERM as someone suggested.
I'll consult a private lawyer on this. I know Michael Piston is a good lawyer around Detroit metro, anyone knows any other good lawyers?

Thanks all, this forum is very helpful.
Wish you all good luck with your cases.

-Amol
 
amolkool said:
ssdtm,APD (incidentally, i have a friend with the exact same nick name) and others,

Thanks for a your estimates/comments. I really appreciate this.
Looks like the consensus here is that there is a very slim chance of the Regular EB2 Jan 03 case getting approved before another 1.5 years.
Thats a little too much for me at this point in my career.
I'd rather give up this entire process and make plans independent of this ridiculous process.

The only alternative seems to be converting to PERM as someone suggested.
I'll consult a private lawyer on this. I know Michael Piston is a good lawyer around Detroit metro, anyone knows any other good lawyers?

Thanks all, this forum is very helpful.
Wish you all good luck with your cases.

-Amol
Click to expand...

Dehai Tao from Ann Arbor area.
 
amol - i replied to your same query in the Chicago DOL tracker forum a long time back..am copying and pasting it again


"hey amol - I am in EXACTLY in the same situation as you - my PD is Jan03 (RIR EB3)..and i have been planning to do full time MBA sometime next year (couldn't figure out from your post if you are studying this year or not), and this GC delay has frustrated my career plans too..am intending to go through the CP route for the last stage but as of now, every news item I read points to indefinite labor delay...the USCIS is very muddy in conveying news and timelines.
I am not sure our cases will be done by this summer - if you browse through the DOL trackers on the forum, you will learn that cases from Cali and NY/NJ will come first..and i am getting conflicting news regarding approvals - some say they will start approving only after summer, and some say that few approvals have already come in but no one knows what about the rest of cases like ours from Chicago.
But as i said above, whenever our labors are done, the next stage is I-140, which takes 1-2 months for approval if you go thro the CP route instead of I-485..and after that another 6-7 months for CP..if I can get my labor cleared before this year end, that will be my best chance - (2+6 =8 months) and just in time for fall 06..this is assuming no other delays happen in I-140 too!!!"
 
purhince, I am planning to start school this fall...hence all the dilemma. I'm in at a top school so i dont want to give up on the prized admission!

Anyways, does anyone know what are the approximate expenses (total) for filing a new case by PERM from a private lawyer?

Please post.
Thanks
 
well if ur planning to start this fall,there is no way you are going to get a GC even if you PERM..you might want to defer your admission by a year
not sure about the expenses - you can check the other threads in the forum - u might get ur answers

amolkool said:
purhince, I am planning to start school this fall...hence all the dilemma. I'm in at a top school so i dont want to give up on the prized admission!

Anyways, does anyone know what are the approximate expenses (total) for filing a new case by PERM from a private lawyer?

Please post.
Thanks
Click to expand...
 
My company's lawyer will be filing PERM application for me and he's askign for close to $5000!
hellosriniworld, is $1800 total including the ads etc?
 
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