Effect of backlog reduction/PERM/updated rules on new LC

tradhi

Can you please let me know if you have any idea about the following.

Will all cases before Jan 1 2005 go into BEC. My company filed my case on Dec 1 and got a receipt notice. Say the state opens and clears it sometime in Jan / Feb...will the federal go to a BEC....How does it work ? Any idea ?

Am sorry there mate ... am totally new here trying my best to figure out what the hell all this PD RD LUD is ... :D

but from what lil i think i do know ... yes ... all cases before 01/01/05 will go to the BECs ... cheers
 
I did not understand what you meant by "file new LC with different title so that you do not lose your old application" what do you mean by loosing my old application ? in what situation would i be loosing my old application ?

Also, my company is not paying for my green card process, if I go with this appln and if PERM comes into play and if I have to reapply i would be paying 3 times for the labor application, that's why i am confused on if i have to apply this now or wait until PERM rules are clear

knowDOL said:
Listen to your lawyer and file new LC with different title so that you do not lose your old application, in case if Dates become current and that is approved you will still be able to apply for 485 and 140. You have a good lawyer. I had to suggest this option of apply for different position to retain other LC to my lawyer.

Don't delay. If your company is paying for it go for it. OR if you are paying, just negotiate with company to share expenses. Once PERM comes you can reapply based on how easy or tough it is to get throu PERM.
Click to expand...
 
Title doesnt mean anything for EB-2 category unless the following point is considered:


From what I understand, You should show "5 years of progressive experience" after B.S degree.

"Progressive Experience" means the successive order of the relevant positions held in the past 5 years AFTER you finished your degree. Simply put, the official who is processing your case should get an idea that you have come to this "position of what you are today" by really going through some "phases of employment history" in the relevant field.

Also note that, the job advertisement must mention "B.S + 5 years of experience" in the relevant field.
 
RIR wont be phased out

If you have apply in RIR , its ok. RIR wont be scrapped out. As per the PERM document published today in Fed register

quote:

"
IV. Overview of the Regulation

This final rule deletes the current language of 20 CFR part 656 and
replaces the part in its entirety with new regulatory text, effective
on March 28, 2005. This new regulation will apply to all applications
filed on or after the effective date of this final rule. Applications
filed before this rule's effective date will continue to be processed
and governed by the current regulation, except to the extent an
employer seeks to withdraw an existing application and refile it in
accordance with the terms of this final rule

"
unquote

To me, it looks that RIR->PERM upgrade path is not provided. Your employer will have to withdraw RIR and refile in PERM after or on march 28th 05.
 
actually...

Actually, after i read the PERM doc, it becomes clear that employers can withdraw from RIR and refile as per the new final rule (PERM) in 210 days IF the job order for your RIR application has not been put out. (this is the same refiling criteria for converting normal application to RIR application). Heres the stuff:

In establishing a limit on when a pending application may be
refiled in the streamlined system, we reviewed our regulation governing
when cases filed under the current basic process may be converted to
RIR processing. As noted by the commenter, in our final rule regarding
conversion of pending cases to RIR applications, we allowed employers
to request an RIR conversion up to the point the SWA had placed a job
order under Sec. 656.21(f)(1) of the current regulation.
Similarly, the final rule has been revised at Sec. 656.17(d) to
provide that an employer may withdraw an existing application, refile
under this final rule and retain the original filing date up until the
placement of a job order under Sec. 656.21(f)(1) of the current
regulations. As indicated in the preamble to the proposed rule for the
RIR conversion regulations, it would be incongruous to permit
withdrawal and retention of the filing date from an employer who had
already commenced the mandated recruitment. If an employer withdraws an
existing application after a job order has been placed, the employer
may file an application under this final rule for the same job
opportunity; however, the original filing date can not be retained. See
65 FR at 46083 and 66 FR at 40586.
A filing date on a withdrawn application can only be used one time
to support an Application for Permanent Employment Certification filed
under this final rule. Such a refiling must be made within 210 days of
the withdrawal; the 210-day period is intended to allow time for the
employer to conduct the recruitment required by this final rule. If the
refiled application is determined not to be identical to the original
application in accordance with Sec. 656.17(d), the refiled application
will be processed using the new filing date, and the original
application will be treated as withdrawn. If the refiled application
filed under this final rule is denied, the filing date on the withdrawn
application can not be used on another application for permanent
employment certification.
 
Regular LC to PERM

Hi Everyone

I have been following the forum and it has been very helpful. I have
some question on regular to PERM processing. I would really appreciate
for you answers.

1) Will there be a way to convert from REGULAR LC to PERM Processing?
2) MY company did not want to file RIR because they said they do not have
recruitmet enough. Will they be able to do PERM

3) If 2) is possible what is the procedure.

4) If 2) is not possible I filed for Regular Lc in New York State
on August 2003. Do you guys know if this will be sent to BEC processing
centers.
also, from you guys opinion how long do you think it will take for labor
to go through if I stick to regular LC. It has already been almost a year and
Half.

Thanks and your help will be highly appreciated
 
Guys,

Where does it say about BEC's etc. My company filed for my labor on Dec1 2004 from North Carolina and North Carolina is current. Nov 2004 cases are being processed. Are all cases before Jan 1 2005 going to BEC's ? Can someone provide any clue about what might happen to my case ?

Thanks in advance.
 
kingosu said:
Can the experience gained in current job be used when filing PERM.

TIA.
Click to expand...

my lawyer says u can use the experiece gained from ur current employer only if it is a promotion case.
 
backlog red/Perm/new rules and Denied rir remanded to non-rir in EDD/SESA from DOL

Hello Everybody,

Can anybody provide me some pointers on how can I benefit from new rules of backlog reduction/PERM/updated rules


what is the phone number /email address and other details
How should I go about it..any attorney who can help ?.Thanks

My CASE HISTORY
==================
Check out my timeline...anybody else on this list like me.
If yes what plans you have to tackle this.

Timeline for ur refrence

1. LC Filed in 5/30/2001.(EDD/Labor state)
2. Goes to Federal state on: December 2001
3. Recvd at Federal : Jan 2002
4. Retest Remand Letter - March 2003
- My employer provided retest data to them
5. Denied RIR - went to EDD as non RIR case- April 2003
6. Haven't heard from them last one and half year + - Jan 2005

Meanwhile I am on my 7th year H1b extension...


There were some optimistic moments where DOL had agreed it will take back all the cases which they had put back to EDD. Actually many cases did got approval who were filed after me but for my particular case.....looks like it is lost hope....

It seems denied RIR cases which were put in non-RIR queue in EDD by DOL is never gonaa make it...CAN WE DO SOMETHING about it.

Non-RIR cases hardly move.

Can anybody suggest what option I have .
Seeking GC has been a very bad experince for me.
They say u can keep extending H1 year by year every year as your labor is pending but this is so big hassle...

- Ajay
 
Effect of Backlog Reduction/PERM

Ok guys here is my case. I believe My attorney filed my LC (he emailed me a Tracking number which I checked and was delivererd on 30th December, 2004 at New Hampshire) :) . Now, I only filled up his Questionnaire and emailed it along with my resume. I did not submit any other documents. He said that my LC was filed under the ad that the company had run earlier. I talked to one guy (whose LC was not filed :D ) and he said that he wanted to wait for PERM and then file LC so that he would be ahead of me in the QUE :( . Now, is that possible? :confused:

I saw the thread meandering to the 6 year limit. My understanding from what I read on this website was that if you come back to the US after a 1 yr gap either on a New H1 or the same H1, you are eligible for another 6 yr stint. Any contrary opinions on that?
 
h1b_valid2004 said:
Hello Everybody,
.....

1. LC Filed in 5/30/2001.(EDD/Labor state)
2. Goes to Federal state on: December 2001
3. Recvd at Federal : Jan 2002
4. Retest Remand Letter - March 2003
- My employer provided retest data to them
5. Denied RIR - went to EDD as non RIR case- April 2003
6. Haven't heard from them last one and half year + - Jan 2005

Meanwhile I am on my 7th year H1b extension...
......

It seems denied RIR cases which were put in non-RIR queue in EDD by DOL is never gonaa make it...CAN WE DO SOMETHING about it.
....

Seeking GC has been a very bad experince for me.
They say u can keep extending H1 year by year every year as your labor is pending but this is so big hassle...

- Ajay
Click to expand...
If it were just a hassle it sill would not be so bad. The problem is that you must live under the constant fear that for some reason you'll not be able to continue your job duties with the same employer and in the same position especially in today's dynamic economy.
For example if the company ceases to exist in most cases you must leave the country.
And together with you your children, who grew up here, and who would be affected the worst; your spouse who have had no right to work all these 6+ years.
To me all this looks very inhumane. And too bad the congress does not recognize the situation they put people into.
 
PERM versus old LC cases

I hope it's the right thread to be posted to.

Folks,
There are a few things that don't add up concerning new PERM process.

The fact PERM filings will start on March 28th, 2005 with current estimate
for PERM approvals falling within range from 45 to 60 days and considering
that there are thousands of applications currently being moved to the new BEC's
(Backlog Elimination Centers) until March 31st which will require a significant
amount of time (12-24 months?) to be processed, some questions arise:

1. Even though PERM is more restrictive it seems clear to me that new filings
will take less time to get through than many old filed cases. This seems to
be advantageous for those who do not need to keep their Priority Date. Agreed?

2. The foggy rules to adjucate a correct re-filing from old RIR to PERM
discourage anyone who doesn't want to risk loosing the old filing's PD
if gets denied under PERM. Agreed?

3. Overall speaking, why is PERM being implemented without respect to
the sacred rule of priority date filing? To be fair new cases should solely
be adjucated after all old cases have been processed. Agreed?

Hope to hear your voice on this.

--GC(is)enerving
 
gcenerving said:
I hope it's the right thread to be posted to.

thousands of applications currently being moved to the new BEC's
(Backlog Elimination Centers) until March 31st which will require a significant
amount of time (12-24 months?) to be processed, some questions arise:

--GC(is)enerving
Click to expand...

I have been reading about this 12-24 months period for processing backlogged applications. I read elsewhere that 300,000 is the number of backlogs. Is there any authentic source for these numbers? I would like to know how many cases were processessed in say 2002 and 2003, then get the correct number of backlogged cases and then do some simple math and arrive at the number of months it would take to clear that backlog. Any ideas anyone, how we can go about doing that?
 
485 date regression

Add to that the fact that the 485 numbers available may regress for all other categories as it has for the EB3.
So if folks got their LC approved through PERM and used up all the 485s then what happens to the folks whose LC is stuck in the BECs till 'God know when'?

or if the EB3 485 #s do regress, then what is the point in getting LC approved through PERM?

my 2 cents..

gcenerving said:
I hope it's the right thread to be posted to.

Folks,
There are a few things that don't add up concerning new PERM process.

The fact PERM filings will start on March 28th, 2005 with current estimate
for PERM approvals falling within range from 45 to 60 days and considering
that there are thousands of applications currently being moved to the new BEC's
(Backlog Elimination Centers) until March 31st which will require a significant
amount of time (12-24 months?) to be processed, some questions arise:

1. Even though PERM is more restrictive it seems clear to me that new filings
will take less time to get through than many old filed cases. This seems to
be advantageous for those who do not need to keep their Priority Date. Agreed?

2. The foggy rules to adjucate a correct re-filing from old RIR to PERM
discourage anyone who doesn't want to risk loosing the old filing's PD
if gets denied under PERM. Agreed?

3. Overall speaking, why is PERM being implemented without respect to
the sacred rule of priority date filing? To be fair new cases should solely
be adjucated after all old cases have been processed. Agreed?

Hope to hear your voice on this.

--GC(is)enerving
Click to expand...
 
Imho, getting over with LC asap is a good thing because:
1. No more hassle due to job postings, ads, letters, etc. which stresses dependency to your current job/sponsor
2. Once 485 is filed there is tiny probability it will get withdrawn/denied/etc. along with the fact you're done with bothering your sponsor for signatures,etc.
3. After 1 yr/6 mo(?) being filed your spouse may apply for EAD (Employment)
4. It's the last step and that gives you more confidence and a good feeling of "I'm almost there"
5. Fortune might knock on your door if they decide to raise the #'s of 485 (visa allowance) though you're ready for it.

I'm aware of the fact certain countries are backlogged for 485 filing however it doesn't apply to me.

Moreover, I don't understand why your qualifications for an H1B are not taken into consideration for LC and facilitate the process somehow (same job, same salary, etc.). As a matter of fact every H1B has to go through 2 distinct labor certifications. This is not fully consistent in my point of view.


navdod said:
Add to that the fact that the 485 numbers available may regress for all other categories as it has for the EB3.
So if folks got their LC approved through PERM and used up all the 485s then what happens to the folks whose LC is stuck in the BECs till 'God know when'?

or if the EB3 485 #s do regress, then what is the point in getting LC approved through PERM?

my 2 cents..
Click to expand...
 
responses in bold

gcenerving said:
Imho, getting over with LC asap is a good thing because:
1. No more hassle due to job postings, ads, letters, etc. which stresses dependency to your current job/sponsor.
Agreed
2. Once 485 is filed there is tiny probability it will get withdrawn/denied/etc. along with the fact you're done with bothering your sponsor for signatures,etc.
Agreed
3. After 1 yr/6 mo(?) being filed your spouse may apply for EAD (Employment)
Agreed: You may not apply for EAD if 485 visa #s are not available :(
4. It's the last step and that gives you more confidence and a good feeling of "I'm almost there"
Agreed: You may not apply for EAD if 485 visa #s are not available :(
5. Fortune might knock on your door if they decide to raise the #'s of 485 (visa allowance) though you're ready for it.
Agreed

I'm aware of the fact certain countries are backlogged for 485 filing however it doesn't apply to me.
:cool: Good for u
Moreover, I don't understand why your qualifications for an H1B are not taken into consideration for LC and facilitate the process somehow (same job, same salary, etc.). As a matter of fact every H1B has to go through 2 distinct labor certifications. This is not fully consistent in my point of view.
Click to expand...
and in mine... but apparently DOL sees some good in it :rolleyes:
 
I totally agree with your 3rd point.
And to implment the new PERM systems while thousands of pending cases being pushed aside to BECs screams the unfairness to the loudest volume.

gcenerving said:
I hope it's the right thread to be posted to.

Folks,
There are a few things that don't add up concerning new PERM process.

The fact PERM filings will start on March 28th, 2005 with current estimate
for PERM approvals falling within range from 45 to 60 days and considering
that there are thousands of applications currently being moved to the new BEC's
(Backlog Elimination Centers) until March 31st which will require a significant
amount of time (12-24 months?) to be processed, some questions arise:

1. Even though PERM is more restrictive it seems clear to me that new filings
will take less time to get through than many old filed cases. This seems to
be advantageous for those who do not need to keep their Priority Date. Agreed?

2. The foggy rules to adjucate a correct re-filing from old RIR to PERM
discourage anyone who doesn't want to risk loosing the old filing's PD
if gets denied under PERM. Agreed?

3. Overall speaking, why is PERM being implemented without respect to
the sacred rule of priority date filing? To be fair new cases should solely
be adjucated after all old cases have been processed. Agreed?

Hope to hear your voice on this.

--GC(is)enerving
Click to expand...
 
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