Atlanta Regional DOL Tracker

[TampaBelle]

TampaBelle,

You and I seem to be in the same situation.............hang on, if there is a real FIFO using the PD on these BECs, our cases should be around the corner. After waiting so much time, I would give this freaking FIFO a try............wouldn't you?, just a suggestion !. I am hoping we'll get something this year.

UrgentV
Florida Jan 2002
Atlanta DOL Dec 2004

Hi UrgentV,

Thanx for ur support man !!!!!!!!!!! much appreciated.

Even though we have PDs towards the early part of 2002, it would be sometime before the BECs would come to that date with huge backlog from SF etc. For this purpose, I am not sure as to whether DOL and SWA queues would be merged. If the queues are not merged then I then expect our case to be adjudicated by the end of this year. If the queues are merged then it is bad news for everybody from ATL.

I was just thinking that if I get a new job, then I would be able to switch from EB3 to EB2 and therefore beat the visa retrogression as well. Unfortunately, job scene is not too good.

 

[atl0624]

No update from my side. Still waiting to hear from attorney.

Congratualations nishokie,

What is the exact date of approval? how did you hear about the approval?

Please let us know any contact number to call other than 404-893-0101.

Thanks,
Atl0624

 

[nishokie]

thanks. well i see no reason why i should apply for the AOS or 485. becuase of retrogression i cant file for 485 yet so CP seems to me the most logical choice.
currently TSC is doing wonders and have started to approve some 140 Oct RD cases already. once the 140 has been approved, its a matter of about 4-6 months before you get your interview with the consulate.
now before i get the interview i have to wait for my PD to get current but by the time retorgression will straighten out i am hoping my 140 would be approved.

Congrats man !!!!!!!!!!!!


Any particular reasons for opting for CP ???? and would u apply for CP after ur I-140 has been approved ?? Just curious because u seem to be the first person in a long time who is opting for CP on this forum.

 

[TampaBelle]

PD is applicable for CP also

thanks. well i see no reason why i should apply for the AOS or 485. becuase of retrogression i cant file for 485 yet so CP seems to me the most logical choice.
currently TSC is doing wonders and have started to approve some 140 Oct RD cases already. once the 140 has been approved, its a matter of about 4-6 months before you get your interview with the consulate.
now before i get the interview i have to wait for my PD to get current but by the time retorgression will straighten out i am hoping my 140 would be approved.

Well my understanding is that u cannot file for 485 or CP, if ur PD is not current. Could u please confirm that after checking with ur lawyer ???

Well going thru CP instead of 485 does have its advantages, if the Service centre, like Texas, is heavily backed up.

Can u get extension of H1-B beyond 6 years, if u opt for CP ?? I seem to have read so. While with 485, u need not maintain ur H1-B visa, u can used the EAD and AP for all practicle purposes, with CP, the person needs to maintain the visa status.

 

[nishokie]

thanks. my approval came last week, i dont know the approval date. i came to know about it from my lawyer this morning.
i have been pretty passive for the past couple of months becoz i was so pissed about the whole process but then i felt relieved today when i heard about the certification.

No update from my side. Still waiting to hear from attorney.

Congratualations nishokie,

What is the exact date of approval? how did you hear about the approval?

Please let us know any contact number to call other than 404-893-0101.

Thanks,
Atl0624

 

[nishokie]

retrogression hits CP only when your file has been fwded to the consulate from the NVC....pretty much the time when a visa number is to be issued.
but there are other steps that can be completed before your file reaches the consulate.
now if my PD doesn't become current my file will sit in the mumbai consulate till that time.
and yes you are correct you can not file for 485 till your PD is current.

Well my understanding is that u cannot file for 485 or CP, if ur PD is not current. Could u please confirm that after checking with ur lawyer ???

Well going thru CP instead of 485 does have its advantages, if the Service centre, like Texas, is heavily backed up.

 

[nishokie]

Can u get extension of H1-B beyond 6 years, if u opt for CP ?? I seem to have read so. While with 485, u need not maintain ur H1-B visa, u can used the EAD and AP for all practicle purposes, with CP, the person needs to maintain the visa status


i am meeting with my lawyer this week. if i hear anything otherwise, i'll let you know. most of the knowledge i have gained is thru these forums. but my lawyer on the phone said that i should file for CP rather than 485 if i want my GC early. my lawyers office are getting 485 approvals from Jan 2003 so if you take my case...it'll take forever. however, there have been 2 isolated October 2004 I-140 approval and one Sept 2003 485 approval.

 

[dru]

Hi Nishokie,

This is very interesting. Correct me if I am wrong or confused:

- Once affected by Priority Dates, there is no way out but to wait for your PD to be current for final stage (485 or interview)

- After that, it sounds like your lawyers are saying that CP would be faster than 485 since 485 right now in Dallas is 2 yrs processing time, whereas you would get an interview in 3-6 months in Mumbai

- Do you have to pick CP vs. 485 now, or can you apply for I-140 and decide closer to your PD becoming current

I am in a very similar situation as you, that's why I'm curious. Any info would be appreciated.

- Dru

 

[nishokie]

again, what i am telling you now is based on what i know best,, that i have learned by reading the forums. i have a meeting with my lawyer before my I-140 will filed and at that time i can ask all these questions to be sure....but here's how i understand it.....

you have to specify in the 140 whether you'll opt for I-485 or AOS. if you opt for 485 and then change your mind after you get your 140 approved that you want to go for CP, then you have to file a I-824 that'll allow you to change from 485 to CP.

the way i am looking at it...i should get my 140 approval in the next 6-9 months after which i'll be able to file for CP...now filing for CP doesn't mean you're getting the interview right away.....you have to go thru NVC that'll create a file in your name and then send you forms to fill out and verify. once you have done that you send the file also called packet 3 back to the NVC. after that your file is fwded to the consulate for processing and then in turn you wait and wait if you PD is NOT current. if your PD is current you get your interview invite in 2 months after your file has reached the consulate. so all in all it takes about 6 months to get an interivew invite. now if your PD is not current then you'll have to wait longer......i have learned all this from the Vermont forum where people are applying for CP becoz they are getting their 140 approvals in 2 months.

Hi Nishokie,

This is very interesting. Correct me if I am wrong or confused:

- Once affected by Priority Dates, there is no way out but to wait for your PD to be current for final stage (485 or interview)

- After that, it sounds like your lawyers are saying that CP would be faster than 485 since 485 right now in Dallas is 2 yrs processing time, whereas you would get an interview in 3-6 months in Mumbai

- Do you have to pick CP vs. 485 now, or can you apply for I-140 and decide closer to your PD becoming current

I am in a very similar situation as you, that's why I'm curious. Any info would be appreciated.

- Dru

 

[dru]

Hi Nishokie, Thanks, thats very valuable info and definitely some food for thought.

I guess the million dollar question is:
- If/how fast people expect the PD to move. I was trying to find a forum or some posts on this, but didn't have much luck. Infact I think something I read said they would not move much and infact may retrogress again!

btw, do you know if the reverse is true, i.e. if you opt for AOS and then change your mind after you get your 140 approved that you want to go for 485, is that possible?

- Dru

Information is power

 

[nishokie]

i really dont know how fast the PD dates will move but i am hoping they move in the next 6 months. if so then it'll be easier to get thru CP without much waiting....i dont know the answer to your other question. i'll find out from my lawyer soon.
thanks

Hi Nishokie, Thanks, thats very valuable info and definitely some food for thought.

I guess the million dollar question is:
- If/how fast people expect the PD to move. I was trying to find a forum or some posts on this, but didn't have much luck. Infact I think something I read said they would not move much and infact may retrogress again!

btw, do you know if the reverse is true, i.e. if you opt for AOS and then change your mind after you get your 140 approved that you want to go for 485, is that possible?

- Dru

Information is power

 

[nishokie]

Well my understanding is that u cannot file for 485 or CP, if ur PD is not current. Could u please confirm that after checking with ur lawyer ???.

The following are general requirements for obtaining an immigrant visa via the Consular process:

Admissibility: The alien must demonstrate that he does not have any undesirable characteristics, such as criminal convictions, a history of visa fraud or alien smuggling, certain health problems, or a prior stay in the United States in unlawful status of more than 180 days followed by a departure, etc.

Nature of Activities: The alien must demonstrate that the activities he plans to engage in while in the United states are consistent with the activities allowed by the type of visa for which he is applying.

Approved Petition: The Consulate will not issue an immigrant visa until the U.S. INS in the United States has approved a petition for immigrant status. (U.S. INS Form I-797C indicating approval of an I-130 (immigrant visa); I-140 (employment-based visa); I-360 (special immigrant visa)

Current Priority Date: The Consulate will not issue an immigrant visa until the alien's approved petition has a priority date that is current ("ready").

as you can see the rule from above...the real bottleneck is the consulate if your PD is not current in the CP process. if your PD is not current...you can go thru all the steps leading up to the last step which is the interview invite.
if you PD is current, then it should take you about 2 months to get the interview at the consulate.

 

[eefrog]

Thanks again TempeBelle

Great to hear from you again.
I beleive the situation may not be as bleak as you described, or maybe I am too much of an optimist. From what I hear so far there is no indication by DOL that the conversion cases will lose their PD if one decides to convert, therefore still allowing the petitioner to file for H extensions for as long as an application is pending. Also, RIR cases have a much better chance of approval thru the PERM since they have already carried out much needed recruitment required for the PERM.
Although I do not know each and every detail about conversion to PERM, it seems more of a logical choice at this point at least for me. I do thank you for your frank and candid remarks.
Will keep you posted about my PERM experience. Consider me the first drop of rain
frog

P.S. I cant access this site from my clients work place, so only can post here after work

 

[dru]

Hi eefrog,
Some relevant info on PERM is at:
http://www.immigration.com/faq/perm.html

Check it out, couple of the things they mention are:
- Can keep PD when converting to PERM, but it is unclear if H extensions are possible based on old PD
- RIR recruitment can only be re-used if it is within the last 6 months.

- Dru

 

[dru]

Hi Nishokie,
I am curious, what is your PD? After talking with some friends, I am leaning towards CP also. Currently I am at a July 2003 RD for LCA - awaiting approval. After that, I will ask my lawyer for her opinion. Thanks for all the valuable info you have shared in this forum.
- Dru

as you can see the rule from above...the real bottleneck is the consulate if your PD is not current in the CP process. if your PD is not current...you can go thru all the steps leading up to the last step which is the interview invite

 

[nishokie]

hi,
my PD is January 2003. i am hoping the priority date would have moved beyond Jan 2003 byt the time my 140 is approved or even the time before my file is sent to the consulate.

Hi Nishokie,
I am curious, what is your PD? After talking with some friends, I am leaning towards CP also. Currently I am at a July 2003 RD for LCA - awaiting approval. After that, I will ask my lawyer for her opinion. Thanks for all the valuable info you have shared in this forum.
- Dru

 

[mito]

What is PD by definition? Is it same as RD(Atlanta DOL received date)?

hi,
my PD is January 2003. i am hoping the priority date would have moved beyond Jan 2003 byt the time my 140 is approved or even the time before my file is sent to the consulate.

 

[GCdreamzz]

Hi dreamer,


u can ask ur attorney to call ATL DOL and check the status of ur case. The phone no. can be found if u go thru the last few pages. If u have a case no. (what u have mentioned appears to be ur DOT code and not ur case no., please cross check with ur attorney), then check with the DOL officials by quoting ur case no. and dont mention any dates.

Chances are very high that ur case would have been received by ATL DOL before Sep 23, 2003 and therefore ur case would not be transferred to BEC.


Another question seems to be as by when ATL would clear backlog cases ??


Does it matter much guys ????? it may be March 28, 2005 or April 30, 2005. In any case within the next 3 months all the case with RD of Sep 23, 2003 or before at ATL DOL would have been adjudicated. In case u get RFEs, NOFs etc. then it may take a further 1 month. Chances of them giving RFEs, NOFs are unlikely as they would like to clear all cases before starting with PERM cases.

Hi TampaBelle,

Thanks for the advice ..I called up DOL today and they informed me that my case was received in the last week of June and right now they are processing the 1st week of June cases and my case shld come up in three weeks time.

 

[dru]

Hi Mito,

PD = Priority Date = Date when Labor Application was FIRST filed at State Level with SWA. It is this date that is applicable for retrogression i.e. filing I-485 for affected categories

RD = Received Date = Date when LCA app was received by Regional (ATL) office from SWA. This date is applicable for LCA approvals and transfer to BRC

Hi GCdreemz, thanks for the info. Hoping to continue hearing about more approvals this month.

- Dru

What is PD by definition? Is it same as RD(Atlanta DOL received date)?

 

[mito]

I called Atlanta DOL, gave my case number and said I don't know the RD. Rep looked up my case number... told me my RD was Sep 06, 2003, said "this case will be in Philly", and gave me the Philly phone number..

My only hope at this point is she told me my case is transferred to Philly just because she saw my RD was in Sep 2003 rather than actually checking if the case is really transferred or not. But I doubt it because she entered my case number to the computer and waited for a while before telling me the bad news.

I am totally pissed off because of this uncertainty. I am starting to feel like GC was not worth going thru this non-sense after all.......