Labor Certification delays

J

jnathan

Registered Users (C)
I congratulate Mr. Rajiv Khanna on his filing for a judicial remedy for the delay in adjudicating I-485 petitions.
In doing so, the other thought that crosses my mind is the plight of people who have applied for Labor certification in states like California and New York. There are many of them who have been waiting for more than 2 years to get Labor certification.
At least in case of I-485 applicants, they have at least crossed the first stage and are applying for "adjustment of status".

In the case of people waiting for Labor Certification, it is just the initial stage. In this present economy, retaining a job with one employer for even one year is difficult. So having to wait for more than 2 years is not only unhealthy but also unacceptable.

It would be great if we could file a litigation against the delays in Labor Certification also.
This is just my humble opinion.

Once again I congratulate Mr.Khanna and wish him and other plaintiffs the best.
 
Originally posted by jnathan
I congratulate Mr. Rajiv Khanna on his filing for a judicial remedy for the delay in adjudicating I-485 petitions.
In doing so, the other thought that crosses my mind is the plight of people who have applied for Labor certification in states like California and New York. There are many of them who have been waiting for more than 2 years to get Labor certification.
At least in case of I-485 applicants, they have at least crossed the first stage and are applying for "adjustment of status".

In the case of people waiting for Labor Certification, it is just the initial stage. In this present economy, retaining a job with one employer for even one year is difficult. So having to wait for more than 2 years is not only unhealthy but also unacceptable.

It would be great if we could file a litigation against the delays in Labor Certification also.
This is just my humble opinion.

Once again I congratulate Mr.Khanna and wish him and other plaintiffs the best.
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Thanks. I have addressed this issue before. USDOL is beleived to be taking some radical steps to eliminate the backlogs. Let us ewatch it for a bit. Even more importantly, let us see what the court has to say in our present lawsuit about our right to a timely adjudication - will they agree that we have such a right?
 
Bravo Mr.Rajiv Khana .
Good Job.

You are savior of thousands of suffering people. It would have been nice if u would have mentioned the plight of people suffering coz of backlog in DOL. In California and New York were people have submitted thier application not thru RIR, waiting to hear from DOL seems impossible. My lawyer has been telling me the same story for over a year that DOL will be automating their system and then cases will be decided in matter of days. Unfortunately, till this date I haven't seen any miracle like this happening. My H1 second extension is finishing next year and i have been stuck with my employer now for more than 5 years. Belive me, there will be many other people who will be in same quagamire.

Can u give me some link where i can read myself what action DOL is taking to expidiate the Labor processing? I will be highly obliged in this "andheri duniya".

:) :)
 
Let me see if I can find you folks the info

Originally posted by aizahs
Bravo Mr.Rajiv Khana .
Good Job.

You are savior of thousands of suffering people. It would have been nice if u would have mentioned the plight of people suffering coz of backlog in DOL. In California and New York were people have submitted thier application not thru RIR, waiting to hear from DOL seems impossible. My lawyer has been telling me the same story for over a year that DOL will be automating their system and then cases will be decided in matter of days. Unfortunately, till this date I haven't seen any miracle like this happening. My H1 second extension is finishing next year and i have been stuck with my employer now for more than 5 years. Belive me, there will be many other people who will be in same quagamire.

Can u give me some link where i can read myself what action DOL is taking to expidiate the Labor processing? I will be highly obliged in this "andheri duniya".

:) :)
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Stand by for a couple of days.
 
Rajiv, thanks for ur prompt reply and link.

I have heard that DOL was appealing for more funds so that it could clear the backlog. Their appeal hasn't been granted and DOL has received same fund as last year. Hence, implementing this automated system PERM isn't possible even this year. Do u have any idea about it? Since they have been delaying PERM's impementation for years now, it is quite possible.

Is there any way I can get my case transfered from regular processing to RIR?
 
Originally posted by aizahs
Rajiv, thanks for ur prompt reply and link.

I have heard that DOL was appealing for more funds so that it could clear the backlog. Their appeal hasn't been granted and DOL has received same fund as last year. Hence, implementing this automated system PERM isn't possible even this year. Do u have any idea about it? Since they have been delaying PERM's impementation for years now, it is quite possible.

Is there any way I can get my case transfered from regular processing to RIR?
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As to the last question. Discuss with your lawyer or call our office.

I am not aware of any funding reduction.
 
My labor certification is pending since two years.
My colleagues who work in the same company and filed much later than me, have all got cleared but mine is still pending.
While I do understand that there is a huge backlog and that processing does require time, it is frustrating to note that people with priority dates later than mine have already been cleared but I am still waiting. Any help available on this? Does going to a Government agency like a senator help? I am sure there must be some method available to address this. Please help!
 
Originally posted by meetapandya
My labor certification is pending since two years.
My colleagues who work in the same company and filed much later than me, have all got cleared but mine is still pending.
While I do understand that there is a huge backlog and that processing does require time, it is frustrating to note that people with priority dates later than mine have already been cleared but I am still waiting. Any help available on this? Does going to a Government agency like a senator help? I am sure there must be some method available to address this. Please help!
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Hmmm. You will need to speak with your lawyers. A little variation is normal. But large discrepancies in similar situations could be actionable.
 
Thanks for the reply.

The lawyers say they cannot help since the official dates on the web show that mine is still pending. I have heard and personally known of cases that were filed later then mine but have been cleared way back in August. What is the remedy in this case? Are there any avenues which can be explored to follow up with this? The priority dates have no meaning.
 
Originally posted by meetapandya
Thanks for the reply.

The lawyers say they cannot help since the official dates on the web show that mine is still pending. I have heard and personally known of cases that were filed later then mine but have been cleared way back in August. What is the remedy in this case? Are there any avenues which can be explored to follow up with this? The priority dates have no meaning.
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Congressmen first.
 
Hi Meetapandya,

Have u applied thru regular processing or RIR and if possible can u tell me which center is processing ur case? From ur case we can conclude that official dates on the website carry little meaning and these people may be processing cases beyound these dates.
 
Mine is RIR through Atlanta. Per website they are still processing Dec2002 - mine went to Atlanta in March 2003 after state clearance. Files that went to Atlanta in August 2003 and later have been cleared - for some of them I-140s have also been cleared since then.
 
Hi:

Does anyone tell me whether DOL has started to process applications thru PERM? If not then when do we expect them to start using it? And how long will it take them to clear the backlog?

Thanks,
Aizhas
 
Hi Rajiv,

I contacted my lawyer regarding transfering my case from regular processing to RIR and she is of the view that since my case has been in labor dept now for almost 2 years... I will loose my priority date and it is better for me to wait now instead of applying thru RIR as it will be a whole new procedure and it also requires atleast 6 months before the application can be submitted. Do you think there is any other way to speed up my processing from regular to RIR?

Actually, she has been telling me the same story since past one year and it her only who decided that I should file thru regular processing as economic conditions were very bad during those days. Basically, she is an American lawyer who goes exactly by the rules in the book. My biggest mistake is that I should have applied thru a Desi lawyer who understands our needs much more than these American lawyers. If anyone is yet to apply for Green Card, I suggest that you should go thru a lawyer who is from ur own place.

Aizhas
 
Call my office for a phone appointment

Originally posted by aizahs
Hi Rajiv,

I contacted my lawyer regarding transfering my case from regular processing to RIR and she is of the view that since my case has been in labor dept now for almost 2 years... I will loose my priority date and it is better for me to wait now instead of applying thru RIR as it will be a whole new procedure and it also requires atleast 6 months before the application can be submitted. Do you think there is any other way to speed up my processing from regular to RIR?

Actually, she has been telling me the same story since past one year and it her only who decided that I should file thru regular processing as economic conditions were very bad during those days. Basically, she is an American lawyer who goes exactly by the rules in the book. My biggest mistake is that I should have applied thru a Desi lawyer who understands our needs much more than these American lawyers. If anyone is yet to apply for Green Card, I suggest that you should go thru a lawyer who is from ur own place.

Aizhas
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aizahs,

Try to find out if she got in US thru one of Bush's plan? Or is she from from Haiti, Equador or places like that if she has been in US for long?
 
Jharkhandi,

You seem quite agnostic about the illegals, chill out man :) ... understand the unstated part of Bush's plan: he will make them legal and then they to have to rot like us, because they are legal tax paying immigrants, who dont seem to command much respect anyways. :) :)

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Originally posted by Jharkhandi
aizahs,

Try to find out if she got in US thru one of Bush's plan? Or is she from from Haiti, Equador or places like that if she has been in US for long?
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why bush's plan for illegals is good

then they will have to pay taxes,file for adjustment of status,
and increase the hispanic vote bank.

lets consider switching roles,maybe they can become legal and we can become illegal as a protest aginst this extreme repression


the illegals will then realize that they were better off illegal,anyway they all have us citizen children and no one can deport them that easily.

if you have children,invest in their future and make sure you teach them spanish now or you will regret it,its a bigger mistake than those who didnt learn english.


maybe even we should all learn spanish,since most of us can pass of as spanish speaking people anyway,then probably we can get in the illegal line and become legal 3 weeks before 2004 election. :) or alternatively immigrate to mexico,since all the mexicans are here,they probably need us to help them run their country

no offense meant to anyone.i have nothing against the poor illegals as long as they dont join my queue or take resources to delay my case.

i think if u add up the taxes of 14 million illegals,its a lot of cash which is good for the economy.allowing them to travel freely will also help the airline industry

it will also stop the human trafficking and deaths on the border
 
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