Some_GreenCard
Registered Users (C)
This is going to terrible for ppl like my case..
H1 Slavery will continue to hail .........
H1 Slavery will continue to hail .........
gceeker05 said:
Atlanta Regional DOL Tracker
- Thread starter usnycus
- Start date
TampaBelle
Registered Users (C)
pragir said:
I am sure that u can ask the Univ Intl Center people (I presume that u dont have an attorney) to call up DOL and find out the details first hand. Better to do that rather than suffer the uncertainty.
Two benefits of that are -
(1) ur app wont lapse for a lack of response (if it comes to that). No idea how these lepers would treat the case with all the confusion of cases being forwarded to BRCs / BECs
(2) If u get ur approval soon enough (some people on this forum has got the approval after responding to NOFs in 3 days), u can concurrently file for I-140 and I-485 and beat the visa number retrogression coming into effect from January 1, 2005.
ON SECOND THOUGHTS, do it at the earliest, dude.
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Confused
So this will be the date on which the labor was filed in the state level? Mine was filed around June 2002. Does that mean if I filed 485 after Jan 05 my case will not be touched till the date is June 2002?
So this will be the date on which the labor was filed in the state level? Mine was filed around June 2002. Does that mean if I filed 485 after Jan 05 my case will not be touched till the date is June 2002? Some_GreenCard said:This is going to terrible for ppl like my case..
H1 Slavery will continue to hail .........
Some_GreenCard
Registered Users (C)
You cant even file 485 until dates reach to June 2002 ....if you have not done before Dec 2004. If you have filed before Dec 2004 your case wont be touched till priority dates reach ...
Is your case EB3 category ??? Your better than me...mine was filed to state on Feb 2003.
Is your case EB3 category ??? Your better than me...mine was filed to state on Feb 2003.
Sanan said:
Some_GreenCard
Registered Users (C)
Yes you can file I 140 now also or after Jan 2005
You cannot file 485 till you reach your cut off dates.
You can get your H1 visa extension based on your labor (i dont know how that works).
You cannot file 485 till you reach your cut off dates.
You can get your H1 visa extension based on your labor (i dont know how that works).
Sanan said:
Some_GreenCard
Registered Users (C)
Read the article in www.murthy.com website, sheela murthy has mentioned that dates are expected to retrogresse again and no improvement..
"
The DOS has indicated that further retrogression may be possible in future months."
"
The DOS has indicated that further retrogression may be possible in future months."
mans22 said:
TampaBelle
Registered Users (C)
I am reproducing the mails some time back on this same forum as the issues have now become current. Full thread and context can be found on Page 56 of this forum.
Found some info on "Priority Dates" which may be of use to people who wont be able to file their I-485s before the dates retrogress (expected in jan 2005). The link is http://www.murthy.com/news/UDpdhdtw.html
Priority date is the date a person has applied to the SESA and not to DOL / for I-140 etc.
While an I-140 can be filed immediately after the LC approval, I-485 can only be applied if the dates are current or the persons Priority date is before the cut off date.
- Any idea what the cut off date would be set to?
Expected to be Early to Mid 2002.
- Would it be for everyone (all the countries)?
As others have said, the countries most likely to be effected are India, China, Phillipines and Mexico. Apart from the overall quota for GCs in a year, every country has fixed and equal quota limit, inspite of the population of the country and the no. of applications from the respective citizens. Unutilized quota of another country is not merged into available pool.
- From prior experiences, does anyone know how fast do these dates move forward in the employment category?
The movement of dates for visa numbers of course depends on the number of people pending for I-485 and GC and their LC clearances. Given the high numbers of LC applications during 2001 and 2002, the movement may be very slow initially. Some of the SESAs are processing 2001 applications (Connecticut is doing 2000 cases) and these may adversely impact the cut off date as and when the LC applications are approved. Sorry for the bad news but that is how it looks.
Want to emphasize a point - how fast the visa number cut-off date moves for a person would depend also on the nationality of that person.
I am also sure that anybody who had prior experience would not be part of this forum anymore
Found some info on "Priority Dates" which may be of use to people who wont be able to file their I-485s before the dates retrogress (expected in jan 2005). The link is http://www.murthy.com/news/UDpdhdtw.html
Priority date is the date a person has applied to the SESA and not to DOL / for I-140 etc.
While an I-140 can be filed immediately after the LC approval, I-485 can only be applied if the dates are current or the persons Priority date is before the cut off date.
- Any idea what the cut off date would be set to?
Expected to be Early to Mid 2002.
- Would it be for everyone (all the countries)?
As others have said, the countries most likely to be effected are India, China, Phillipines and Mexico. Apart from the overall quota for GCs in a year, every country has fixed and equal quota limit, inspite of the population of the country and the no. of applications from the respective citizens. Unutilized quota of another country is not merged into available pool.
- From prior experiences, does anyone know how fast do these dates move forward in the employment category?
The movement of dates for visa numbers of course depends on the number of people pending for I-485 and GC and their LC clearances. Given the high numbers of LC applications during 2001 and 2002, the movement may be very slow initially. Some of the SESAs are processing 2001 applications (Connecticut is doing 2000 cases) and these may adversely impact the cut off date as and when the LC applications are approved. Sorry for the bad news but that is how it looks.
Want to emphasize a point - how fast the visa number cut-off date moves for a person would depend also on the nationality of that person.
I am also sure that anybody who had prior experience would not be part of this forum anymore
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TampaBelle
Registered Users (C)
Some_GreenCard said:Read the article in www.murthy.com website, sheela murthy has mentioned that dates are expected to retrogresse again and no improvement..
"
The DOS has indicated that further retrogression may be possible in future months."
There are so many blasted states processing 2001 cases (these cases should move to BEC / BRC over a period of time) and should be approved in coming days. So further retrogression is a distinct possibility. What that means is that we could see the cut-off date retrogress to Sep 2001 before Feb 2002 comes due.
Some_GreenCard said:
Hi Some_GreenCard,
"You can get your H1 visa extension based on your labor (i dont know how that works)"
you mentioned that H1 visa extension based on your labour....Is that mean State Labour or 140 Labour ,Pls let me know the exact labour you are trying to explain.
Thanks
Srini
Some_GreenCard
Registered Users (C)
H1 visa extension can be based on your labor pending in SWA/Federal for more than 365 days... also same thing is there with I 140/485 pending you can extend your H1 visa (which iam not sure right now).
TulaSrini said:
NOF response
Expecting much of these university people is fallacy. I wish I could have hired an attorney. But the last time, I mentioned that to the Intl Center people she hissed at me, and said that LC is the university application and you have no right over it.
Also, now with the NOF, I dont know how much chances there are of my application actually getting certified. The intl center people have still not gotten it. Now with the holidays coming up, dunno whats gonna happen.
Does anybody know what kind of NOF can I expect, and what is the probability of my case actually getting certified after NOF?
Expecting much of these university people is fallacy. I wish I could have hired an attorney. But the last time, I mentioned that to the Intl Center people she hissed at me, and said that LC is the university application and you have no right over it.
Also, now with the NOF, I dont know how much chances there are of my application actually getting certified. The intl center people have still not gotten it. Now with the holidays coming up, dunno whats gonna happen.
Does anybody know what kind of NOF can I expect, and what is the probability of my case actually getting certified after NOF?
TampaBelle said:
DOL Transition Watch : BEC Letters & Case Transfers
BEC 45-Day Letters
The U.S. Department of Labor (DOL) announced that the Dallas and Philadelphia Backlog Elimination Centers (BECs), sometimes referred to as the Backlog Reduction Centers or BRCs, would be issuing approximately 10,000 Receipt Notification Letters during the week of December 6, 2004. These letters require sponsoring employers to respond within the stated time. If no response is received, the case will be closed.
These DOL-issued receipt notification letters request certain information from sponsoring employers and have a response deadline of 45 days. If the DOL does not receive a response to a letter within the 45-day deadline, the case will be closed. These letters should normally be sent to the employer's representative. If the employer receives the letter directly but has an attorney, the employer should speak to the attorney regarding the letter immediately.
Case Transfers from SWAs to BECs
Cases from the Atlanta and Chicago National Processing Centers (NPCs) are next on the list to be sent to the BECs. Note that these are the cases that came from the regions already and are not expected to include cases filed after January 1, 2005.
SWA Timeframes for Case Transfers
The DOL released instructions to the State Workforce Agencies (SWAs) on December 3, 2004 regarding how to ship their unopened cases to the BECs. SWAs are directed to send all unopened cases with receipt dates prior to 2003 to the assigned BECs by December 31, 2004. Those remaining cases that the SWAs have not started to process as of January 1, 2005, must be sent to the BECs in a second shipment that is due by March 31, 2005.
Separate Processing for Regular and RIRs
The DOL directs the SWAs to put the labor certification (LC) cases into boxes by First-In / First-Out (FIFO) order. The RIR cases are to be boxed separately from the Regular (Non-RIR) cases. The SWAs must report to the DOL by December 13, 2004 regarding the transmission of cases. They must identify an SWA point of contact and provide a complete mailing address. They must give an approximate number of cases that are expected to be included in Shipment 1 as well as in Shipment 2, the approximate date range of cases to be sent, the preferred shipping dates and anticipated time required to complete all shipments. There are also extensive quality control procedures at both ends of the packing and receiving process to avoid the loss of files.
Atlanta National Processing Center
The Atlanta Regional Office is scheduled to move into the Atlanta National Processing Center December 9 and 10, 2004. The Atlanta National Processing Center is scheduled to open a few days later, on December 13, 2004. The Federal Register will carry a Notice with the new Atlanta address for the NPC and contact information within the next few weeks.
SOURCE: © 2004 The Law Office of Sheela Murthy, P.C. All Rights Reserved
http://www.murthy.com
BEC 45-Day Letters
The U.S. Department of Labor (DOL) announced that the Dallas and Philadelphia Backlog Elimination Centers (BECs), sometimes referred to as the Backlog Reduction Centers or BRCs, would be issuing approximately 10,000 Receipt Notification Letters during the week of December 6, 2004. These letters require sponsoring employers to respond within the stated time. If no response is received, the case will be closed.
These DOL-issued receipt notification letters request certain information from sponsoring employers and have a response deadline of 45 days. If the DOL does not receive a response to a letter within the 45-day deadline, the case will be closed. These letters should normally be sent to the employer's representative. If the employer receives the letter directly but has an attorney, the employer should speak to the attorney regarding the letter immediately.
Case Transfers from SWAs to BECs
Cases from the Atlanta and Chicago National Processing Centers (NPCs) are next on the list to be sent to the BECs. Note that these are the cases that came from the regions already and are not expected to include cases filed after January 1, 2005.
SWA Timeframes for Case Transfers
The DOL released instructions to the State Workforce Agencies (SWAs) on December 3, 2004 regarding how to ship their unopened cases to the BECs. SWAs are directed to send all unopened cases with receipt dates prior to 2003 to the assigned BECs by December 31, 2004. Those remaining cases that the SWAs have not started to process as of January 1, 2005, must be sent to the BECs in a second shipment that is due by March 31, 2005.
Separate Processing for Regular and RIRs
The DOL directs the SWAs to put the labor certification (LC) cases into boxes by First-In / First-Out (FIFO) order. The RIR cases are to be boxed separately from the Regular (Non-RIR) cases. The SWAs must report to the DOL by December 13, 2004 regarding the transmission of cases. They must identify an SWA point of contact and provide a complete mailing address. They must give an approximate number of cases that are expected to be included in Shipment 1 as well as in Shipment 2, the approximate date range of cases to be sent, the preferred shipping dates and anticipated time required to complete all shipments. There are also extensive quality control procedures at both ends of the packing and receiving process to avoid the loss of files.
Atlanta National Processing Center
The Atlanta Regional Office is scheduled to move into the Atlanta National Processing Center December 9 and 10, 2004. The Atlanta National Processing Center is scheduled to open a few days later, on December 13, 2004. The Federal Register will carry a Notice with the new Atlanta address for the NPC and contact information within the next few weeks.
SOURCE: © 2004 The Law Office of Sheela Murthy, P.C. All Rights Reserved
http://www.murthy.com
allaboutgc
Registered Users (C)
compiler,
I left you a messge at Geoegia SWA thread. Could you please check it? Thanks!
I left you a messge at Geoegia SWA thread. Could you please check it? Thanks!
Retrogression
Hi Guys,
This sucks! So this means, it doesn't really matter how fast your LCA or even I-140 after that, gets approved. Either way at the end (I-485) you will have to wait your turn based on when you first filed your LC at SESA. From now on, I can see this may be more fair for new applicants.
But for those of us already in queue, this means we have added 1.5+ yrs to the wait! Anyone know what the policy is on Consular Processing. I am assuming there too, you can file I-140 and then CP interview date will only be issued once the Priority date catches up?
- Dru
Hi Guys,
This sucks! So this means, it doesn't really matter how fast your LCA or even I-140 after that, gets approved. Either way at the end (I-485) you will have to wait your turn based on when you first filed your LC at SESA. From now on, I can see this may be more fair for new applicants.
But for those of us already in queue, this means we have added 1.5+ yrs to the wait! Anyone know what the policy is on Consular Processing. I am assuming there too, you can file I-140 and then CP interview date will only be issued once the Priority date catches up?
- Dru
TampaBelle
Registered Users (C)
dru said:
Hi Dru,
U got that right.
u can file for I-485 AOS / CP only after the visa number gets available. AOS / CP are the two modes of accomplishing the same and therefore the qualification criteria remain the same for the two processes.
Best u can do is to get ur LC approval, I-140 approval and then wait for the visa number to become current for yourself (i.e. ur priority date is b4 the cut-off date).
I would see this as more fair to people who have been waiting for sometime. New guys would have to wait for sometime b4, they can apply for I-485.