Delaware SESA Tracker

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Re: Keep up the spirit guys , This forum was the best....

HI Guys,
Now Feb running ..
So whoever filed on Jan ... Like
2003GC, Krishna789, pgae, laborvictim and msadiqali you can talk to your employers or your attorneys pls let us group and thread know whats going on ..We wish your cases must be cleared .

And again ..About the FEB guys ..Whats the news.. Can thread expect Atleast one approval to start with ...
 
Advice Please

Hi Guys,
I need advice....

I filed my labour in Delaware in Feb 2003.

I should get EAD by october 2004.

what are the chances of getting EAD by oct 2004 in my case ?

now phily is 6 moths behind...
and stopped processing cases....

I am planning to apply one more labour in IOWA.

now IOW is in September (both federal and state)..

What do u guys Suggest ? Is it worh applying one more labour
IOWA ?

I appreciate u r advice...
 
Philly DOL

Is Philly Regional Labor taking 4-5 months?I would have hoped it was taking maybe not more than 2-3 months.
Thanks
Sam6
 
Feb Processing

Hi,

My attorney recieved a query regarding my case. He said it is a routine query nowadays. My case was filed somewhere in the end of Feb. Anyway this shows that they have definitely started processing Feb cases. Good Luck!!!!
 
Came to know from my employer my case has been moved to Phili but don't have much details at this point of time. Will let you know soon. My case was filed on 7th January. What I heard from my attorney they haven't completely finished January cases.
May be this information will help you guys.
 
Re: Advice Please

Hi gc_reddy,
You can apply for 7th year extension once your LC got cleared.
After LC you can apply for 140 and 485 simultaneously.
What is that date Oct 2004?


Originally posted by gc_reddy
Hi Guys,
I need advice....

I filed my labour in Delaware in Feb 2003.

I should get EAD by october 2004.

what are the chances of getting EAD by oct 2004 in my case ?

now phily is 6 moths behind...
and stopped processing cases....

I am planning to apply one more labour in IOWA.

now IOW is in September (both federal and state)..

What do u guys Suggest ? Is it worh applying one more labour
IOWA ?

I appreciate u r advice...
 
approved!!

approved after a long wait

eb2 non- rir
pd: 20/08/02
rfe: 10/05/03
approved:11/17/03

see you guys in phili dol . i guess theres an other 10 months wait!!!!!!!
 
Hi Guys,

How many times can we apply for extension, once Labor gets cleared?

Is it possible to apply for more than one-year extension after the completion of 6 years?

Please advice


Sunil
 
What I understand from other threads is, you can apply for extension with one year incremental. If you apply now, you will get extension upto Nov 2004. Unfortunately if you did not receive your EAD by that time, you can apply for extension which is one more year.
Correct me if I am wrong.


Originally posted by sunil_green
Hi Guys,

How many times can we apply for extension, once Labor gets cleared?

Is it possible to apply for more than one-year extension after the completion of 6 years?

Please advice


Sunil
 
news!! news!!!

Guidelines
News

DOL Provides Guidance on RIR Labor Certifications


November 20, 2003 - The Department of Labor (DOL) issued its long-waited guidance today on RIR labor certifications pending at the regional DOL offices in a memorandum for regional certifying officers. The guidance directs the certifying officers to conduct an initial review of all pending RIR applications for "completeness/compliance." If the application is found to meet the completeness/compliance requirements, the memorandum directs that:

(a) if the position requires a "Bachelor's Degree and three (3) or more years of experience or a Master's Degree (+) six (6) months of experience," the application should be certified, OR

(b) if "the level of recruitment and the detail provided in the recruitment report" satisfy the certifying officer that further recruitment is unnecessary, then the application should be certified.
In other words, applications for positions with higher level requirements and applications that contained detailed reports of recruiting results (for U.S. workers), regardless of the positions' requirements, will be certified (approved).

Many if not most RIR applications filed in recent years contained only summary recruitment results, and thus would not qualify for certification immediately unless the position's requirements met the "Bachelors and three years or Masters and six months" standard. For all other applications, the certifying officers are directed to offer employers the following options:

(a) Withdraw the application totally.

(b) Have the case remanded to the State Workforce Agency (SWA) for recruiting at a later date under "traditional" agency-supervised processing.

(c) Conduct a one-day advertisement "retest" of the labor market with a detailed report of the disposition of all applicants.

In satisfaction of the retest option, the guidance directs the certifying officers to accept current recruitment performed within the past six (6) months. Employers will be permitted to modify the applications by including different job requirements or additional duties. This permission to modify the requirements is in response to many employers' complaints that they were strongly encouraged to use only the most common or streamlined requirements in RIR applications that were filed during the tight labor market of years past.

Labor certification is the first stage of the employment-based green card (immigrant) process. Recruitment is required to test the labor market in order to demonstrate that there are not sufficient qualified U.S. workers available, willing and able for positions with specific requirements. RIR labor certification was promoted nationally beginning in 1996 to streamline the process, and permitted employers to conduct their own recruitment and report results in advance of filing the application. During the height of the tight labor market, employers were encouraged to file RIR applications with only summary reports of recruitment results, since the unavailability of sufficient qualified U.S. workers was widely recognized.

The memorandum makes no mention of a remedy for applications that were remanded to the SWA but that would benefit from the new guidance. Whether the regional DOL offices will recall remanded applications or wait for motions to reconsider to be filed is not yet clear and will be a primary question in many regions; Berry, Appleman & Leiden will continue to pursue a beneficial outcome.

Berry Appleman & Leiden is also working with employers to make individual case assessments and plans so that they can promptly take advantage of the benefits of the guidance


-Warren R. Leiden
Berry Appleman & Leiden LLP
San Francisco
 
Absolutely!!! ..
Thats why from the last two months there are no approvals .. Since these DOL guys are watinig for this ..


Originally posted by Sam6
Does this mean that the Philly DOL would move faster on the pending cases?
Thanks
Sam6
 
Does this new rule affect both SESA & Regional..

Guys,
Does this new rule affect both SESA and Regional Labour Certification...
 
Can we hope to get philly clearance after 2-3 months of state approval,with the new regulation?If state labor is cleared in the next month when can one hope to clear Philly?
Thanks,
Sam6
 
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