LC thru CIBER
- Thread starter krishnam9
- Start date
thinkglobalthinksmart
Registered Users (C)
PD - OCT 2002 / 6 years to be completed...
PD - OCT 2002 - EB3 - NON RIR
Completion of 6 years - JAN 2005
Application for 7 th year extension - OCT 2004
Approval of H1B Petition for 7 th year extension - DEC 2004.
Good luck to you all , The most wait listed aliens
PD - OCT 2002 - EB3 - NON RIR
Completion of 6 years - JAN 2005
Application for 7 th year extension - OCT 2004
Approval of H1B Petition for 7 th year extension - DEC 2004.
Good luck to you all , The most wait listed aliens
PERM and Dead Traps - per this site: http://www.immigration-law.com/lfgc said:Hi,
Now that PERM has been published...anyone thinking of going for it...your opinions pl...
LFGC
PD - Mar -02
01/01/2005: EB-3 Retrogression, Priority Date, and Dead Traps in PERM Conversion
As the March 28, 2005, the starting date of the PERM, slowly inches away, the employers are under the pressure to rush initiating the recruitment campaigns pursuant to the PERM Final Rule to convert the pending labor certification applications to the PERM applications. However, as we previously warned on this site, keeping an earlier priority may be considered, in a way, more important than obtaining the labor certification in a short period of time for Indians, Chinese, and the Filippinos. This is particularly true with those applicants who filed "regular" applications and have been waiting for a long time because of the backlog. The advantage of these filers is earlier priority date which they have already established. It is likely that if they should keep their current priority date, they may be able to file I-140/I-485 application as soon as they obtain the PERM application approvals, since most of the regular applications were filed close to April 30, 2001.
The people in this group cannot afford to losing their priority dates by making a mistake in attempting to convert their cases to the PERM applications. The PERM Final Rule allows conversion without losing priority date "only if" certain conditions are satisfied. Failure to follow these instructions will result in loss of priority date. We would call these conditions "dead traps" here. The following are the dead traps:
Dead Trap 1: The employer may withdraw an existing application and refile under the PERM final rule without losing the original filing date up to the point the State Workforce Agency (SWA) places a job order to recruit the U.S. workers through their national job bank network. If the 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. It is thus critically important that the employers check with the SWA whether they have ordered the job order (JO) or if not, about when it will happen. The earlier priority date one has, the earlier either SWA or Backlog Processing Centers may initiate the recruitment process within the agency and place the JO. Should this happen before March 28, 2005, one should seriously reconsider his/her conversion strategy, if he/she is subject to the EB-3 retrogression. These people may consult with their legal counsel to see whether there will be any legal mechanism or process available to delay the SWA's or BPC's initiation of the recruitment process and JO at least until after March 28, 2005 and they submit the PERM applications as soon as the DOL launches PERM on March 28, 2005. Otherwise, they may waste a lot of money and time and be ended up with decision to drop their attempt to convert their pending applications.
Dead Trap 2: The job for the PERM application must be "identical" to the original application. If not, the refiled application will be processed using the new filing date, and the original application will be treated as withdrawn. When it comes to the definition of "identical," the DOL is taking a hardline and narrow interpretation by declining to accomodate some liberal interpretation requests by some commentors. The DOL thus emphasizes that the two applications must be identical in the employer, alien beneficiary, job title, job location, job description, and probably job requirements. Each of these items has a number of issues which the employers should pay attention to as soon as possible. For instance, there have been a widespread corporate merger/acquisition in the past with varying arrangement. Some corporate restructuring has resulted in change in Federal Employer Tax Identification Number (FTIN). When there is a change which is not material, the DOL permits to continue such application without losing the priority date, but the application has to be amended reflecting the new employer name and identity. Some may be construed as a Successor-In-Interest entity and some may not. This issue should be squaredly dealt with by the new employer at the local SWA level or BPC before the employer refiles a conversion application. Additionally, assuming that the employer changed details of some of these items in filing the PERM applications, the employer may indeed jeopardize the priority date of the alien beneficiary since the employers would not know the decision of the Certifying Officer of the National Processing Centers that the two jobs are not considered identical until they receive a letter from the agency. By that time, it will be too late to salvage the priority date since the original application will be considered "withdrawn" and gone! It thus appears that the employers may have only two options before they initiate the PERM recuritment campaign. One is to meticulously match the PERM application with the original application. Alternatively, should the employer need the different application without a material change from the original application, the employers may as well seek an amendment to the original application before initiating the recruitment process. For those cases which have already been transferred to the BPC, it may take time since the processing system within the BPC may be still in developing stage and the communication with them will not be that easy. However, if the cases still remain at the local SWA, such amendments may be available a finger-tip away!
Dead Trap 3: There is no guarantee that the refiled PERM application will be approved 100% of cases. 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. Should this happen, the alien faces a double-blow: Loss of the priority date and denial of the labor certification application. This dead trap 3 may be related to the dead trap 2 issue in that should the original application contains any description or requirement of the job which are not acceptable under the PERM Final Rule, unless the employer amends the original application, the employer may face denials. Accordingly, should the employers decide to seek amendment of the original application, they should amend it such a way to build an approveable case under the PERM file rule. The coordination between the issues under the foregoing Dead Trap 2 and the Dead Trap 3 may be very crucial.
There are currently at leas two unanswered questions for this group: One is whether or not the same employer can file a new PERM application without withdrawing the original application. The DOL has not made it clear whether such multiple applications by the same employer will be permitted. Traditionally, they did not. However, two or three different employers can file multiple applications for the same alien as there is no rule that the alien seeks a permanent labor certification application only through one employer. Of course, in this case, the priority date will remain with only the original application and cannot be transferred to the new PERM application. This option may be taken by someone who wants to walk on the middle of road between the conservative and the liberal approaches in order not to take any chances.
The second question involves the structure of the PERM regulation itself. Under the PERM system, some of the cases which fail to meet the PERM fast-track thresholds are supposed to be processed under the traditional supervised recruitment track, named "audit" cases. These audit cases will be processed as an application which will be similar to the "regular" labor certification applications in the current regulation in that the employers will be required to amend and undertake the recruitment process "under the supervision of the National Processing Center." The summary of the PERM Final Rule did not answer to the question on its impact on the priority date. From the whole concept of the PERM Final Rule, though, the DOL may consider such application as a new application without recognizing the priority date of the original application. DOL is urged to clarify on this issue as soon as possible.
There are two other issues which need to be answered not by the DOL but by the USCIS. The first is the impact of the PERM Final Rule on the USCIS regulation on the retention of priority date and definition of priority date. The second issue is the impact of the PERM Final Rule on the 7th year extension of H-1B petition under AC 21. We will analyze these issues later. Please stay tuned to this web site.
nileshpatel11
Registered Users (C)
I have called to Denver DOL and they told me case for 01 and 02, which are unopened are moved to BEC dallas.
I could not get answer for , when to expect my 45 days letter.
I am really frustrated with my LC process . Waiting for more than 2 1/2 year and Last year of my H1-B.
Does anybody has news, that how BEC center will process application? How long it will take to clear LC from that center?
I could not get answer for , when to expect my 45 days letter.
I am really frustrated with my LC process . Waiting for more than 2 1/2 year and Last year of my H1-B.
Does anybody has news, that how BEC center will process application? How long it will take to clear LC from that center?
Hi,
Below is a report on processing...this kindof gives an idea how things would be...definitely, we will not get any relief soon...hopefully by the year end things will be in better shape...I know thats pessimism, but, as per the article, it seems so...Off-course, I do hope things move fast...
As nileshpatel11 has mentioned, 01 & 02 cases have been moved to Dallas, the rest will move in by Mar-05.
rgds,
LFGC
PD - Mar -02 - Reg - Denver
=====================
Report from Chicago: Status of Backlog Reduction Work and Anticipated Processing Times
The Backlog Processing Centers (BPC) must complete several stages of activities before they can adjudicate any cases. The first step is to receive the backlog cases from the former Regions and SWAs in 50 states. The second step is to perform data entry and development of national database system for establishment of national "queue" for Traditional Cases and RIR pursuant to the policy of processing of First In First Out (FIFO) order. Once the development of national database system is completed, they will be ready to adjudicate the backlog applications. At this time, the BPCs are at the stage of receiving shipments from the states and the Regions. As soon as they receive the shipments, the contractors start making data entry to the national database.
The shipments are undertaken per the DOL Transitional Guidelines (TG). Those cases which were received before 01/01/2002 were scheduled to be shipped to the BPC by 12/31/2004 and remaining cases are scheduled to be shipped to the BPC by March 31, 2005. The shipments include only "unopened" cases. For the opened cases, the DOL has sent out instructions to the SWAs to complete the entire opened backlog cases by 03/31/2005.
The first shipment was made from San Francisco Region. Total 20,000 oldest cases. 10,000 cases were shipped to the Dallas BPC and 10,000 cases were shipped to the Philadelphia BPC. These cases have been data-entried and part of the inquiry letters have been sent out to the employers and their attorneys. The BPCs have also received 24,000 cases from 17 states as of the end of the year, and expects to receive altogether 100,000 within January 2005.
As for the backlog cases in the Regional Offices, total is tallied at 55,000 nationwide. These cases need to establish the national queue for FIFO processing.
The backlog reduction cases are handled by the two BPCs and the two satellite centers in San Francisco Regional Office and the Boston-New York Regional Office. These two Regional Offices cannot actively perform the backlog reduction work because they are not hooked upto the national database system. They are scheduled to be hooked upto the national database system along the way. These satellite centers will participate in the backlog reduction work for one year and will be phased out.
The timing of actual adjudication of cases will depend on two factors: One is the volume of conversion cases after the launch of PERM program on 03/28/2005. The larger the conversions are in number, the smaller the total numbers for the BPC will end up. The second factor is the timing of completion of shipment and data entry. DOL anticipates that it is not going to be for a while that the BPCs actually adjudicate and decide any cases. The entire backlog cases are predicted to be removed not in 24 months but from 24 month to 30 months from 03/28/2005. People should keep patience.
Below is a report on processing...this kindof gives an idea how things would be...definitely, we will not get any relief soon...hopefully by the year end things will be in better shape...I know thats pessimism, but, as per the article, it seems so...Off-course, I do hope things move fast...
As nileshpatel11 has mentioned, 01 & 02 cases have been moved to Dallas, the rest will move in by Mar-05.
rgds,
LFGC
PD - Mar -02 - Reg - Denver
=====================
Report from Chicago: Status of Backlog Reduction Work and Anticipated Processing Times
The Backlog Processing Centers (BPC) must complete several stages of activities before they can adjudicate any cases. The first step is to receive the backlog cases from the former Regions and SWAs in 50 states. The second step is to perform data entry and development of national database system for establishment of national "queue" for Traditional Cases and RIR pursuant to the policy of processing of First In First Out (FIFO) order. Once the development of national database system is completed, they will be ready to adjudicate the backlog applications. At this time, the BPCs are at the stage of receiving shipments from the states and the Regions. As soon as they receive the shipments, the contractors start making data entry to the national database.
The shipments are undertaken per the DOL Transitional Guidelines (TG). Those cases which were received before 01/01/2002 were scheduled to be shipped to the BPC by 12/31/2004 and remaining cases are scheduled to be shipped to the BPC by March 31, 2005. The shipments include only "unopened" cases. For the opened cases, the DOL has sent out instructions to the SWAs to complete the entire opened backlog cases by 03/31/2005.
The first shipment was made from San Francisco Region. Total 20,000 oldest cases. 10,000 cases were shipped to the Dallas BPC and 10,000 cases were shipped to the Philadelphia BPC. These cases have been data-entried and part of the inquiry letters have been sent out to the employers and their attorneys. The BPCs have also received 24,000 cases from 17 states as of the end of the year, and expects to receive altogether 100,000 within January 2005.
As for the backlog cases in the Regional Offices, total is tallied at 55,000 nationwide. These cases need to establish the national queue for FIFO processing.
The backlog reduction cases are handled by the two BPCs and the two satellite centers in San Francisco Regional Office and the Boston-New York Regional Office. These two Regional Offices cannot actively perform the backlog reduction work because they are not hooked upto the national database system. They are scheduled to be hooked upto the national database system along the way. These satellite centers will participate in the backlog reduction work for one year and will be phased out.
The timing of actual adjudication of cases will depend on two factors: One is the volume of conversion cases after the launch of PERM program on 03/28/2005. The larger the conversions are in number, the smaller the total numbers for the BPC will end up. The second factor is the timing of completion of shipment and data entry. DOL anticipates that it is not going to be for a while that the BPCs actually adjudicate and decide any cases. The entire backlog cases are predicted to be removed not in 24 months but from 24 month to 30 months from 03/28/2005. People should keep patience.
nileshpatel11
Registered Users (C)
No update from Anyone on LC's Dates?
nileshpatel11
Registered Users (C)
APD said:
Well, they said it was a bit early on this (& this is 10 days ago)...based on what we have seen around...don't think transferring to PERM will help a great deal w/o risk...still will take the attorney's opinion after a while.
LFGC
PD - Mar -02 - Reg - Denver
nileshpatel11
Registered Users (C)
HI! LFGC,
Your PD date is MAR-02. Is your case handeled by Local office or moved/will move to backlog.
I am in same boat. Mine filed on AUG 2002 and waiting for last 2 1/2 yrs for labor only. I am on my 6th Year of H1-B.
Only GOD is hope.
Your PD date is MAR-02. Is your case handeled by Local office or moved/will move to backlog.
I am in same boat. Mine filed on AUG 2002 and waiting for last 2 1/2 yrs for labor only. I am on my 6th Year of H1-B.
Only GOD is hope.
lfgc said:
nileshpatel11
Registered Users (C)
Did you received 45 day letter?
What is Denver SWA? I think Ciber file from Colorado with limited review only.
I am new to some name and terms.
***Here is response from my attorney:***
I really don't know when we will receive your 45 day letter but all cases filed before 2003, were requested to be transferred to the backlog centers before 12/31/04 so it should be either their or in transit already
*****
So, I am keeping my finger crossed. From other thread I found some people started receiving 45 day letter from Dallas BEC.
Does anybody From ciber received it?
As you mentioned yours filed in DEC-02, What is your H1-B status? How many years remaining.
As you mentioned yours filed in DEC-02, What is your H1-B status? How many years remaining.
I am on my 6th Year and worried about if project lost funding.
Deos ciber keep on bench? for how long? Do they try to market people on bench?
Anybody can answer this questions.
What is Denver SWA? I think Ciber file from Colorado with limited review only.
I am new to some name and terms.
***Here is response from my attorney:***
I really don't know when we will receive your 45 day letter but all cases filed before 2003, were requested to be transferred to the backlog centers before 12/31/04 so it should be either their or in transit already
*****
So, I am keeping my finger crossed. From other thread I found some people started receiving 45 day letter from Dallas BEC.
Does anybody From ciber received it?
As you mentioned yours filed in DEC-02, What is your H1-B status? How many years remaining.
As you mentioned yours filed in DEC-02, What is your H1-B status? How many years remaining.
I am on my 6th Year and worried about if project lost funding.
Deos ciber keep on bench? for how long? Do they try to market people on bench?
Anybody can answer this questions.
cinimini said:
nileshpatel11,
1] cases prior to Dec-03 have been transferred to Dallas - BEC. Rest will be transferred by Mar-05.
2] Have not recd the 45-days letter yet...believe, first the DOL cases will be handled & then SWA...so, we may receive the letters (hopefully) by the year end.
3]As per my knowledge, CIBER has not reinstated bench policy...don't think they'll do it...unless market really picks up & there is a boom...resulting in shortage of consultants. Offcourse, they do market...be proactive if you have any indication that your proj will end...pass on your cv to your marketing guys...also keep a tab on openings around the other branches...the idea is to just stay afloat...don't worry much abt the pay...syrely we can discuss these issues as reqd...we need to help each other in this exteme conditions.
rgds,
LFGC
PD - Mar -02 - Reg - Denver
moved to Dallas-BEC - Dec-04
1] cases prior to Dec-03 have been transferred to Dallas - BEC. Rest will be transferred by Mar-05.
2] Have not recd the 45-days letter yet...believe, first the DOL cases will be handled & then SWA...so, we may receive the letters (hopefully) by the year end.
3]As per my knowledge, CIBER has not reinstated bench policy...don't think they'll do it...unless market really picks up & there is a boom...resulting in shortage of consultants. Offcourse, they do market...be proactive if you have any indication that your proj will end...pass on your cv to your marketing guys...also keep a tab on openings around the other branches...the idea is to just stay afloat...don't worry much abt the pay...syrely we can discuss these issues as reqd...we need to help each other in this exteme conditions.
rgds,
LFGC
PD - Mar -02 - Reg - Denver
moved to Dallas-BEC - Dec-04
nileshpatel11
Registered Users (C)
I did send private message. please reply.
lfgc said:
nileshpatel11
Registered Users (C)
Colorado Processing case for JAN 2003
Hello, Friends did you guys have noticed
Colorado Is processing cases for 01/2003 ( NON -RIR). Looks like theay are free to work on 2003 cases when all 2001 and 2003 cases are moved to BEC.
I wish I have filed in JAN 2003 so I could have get labor approved before backlog approve.
Its good news for People filed in 2003 year.
I have heard they will process cases till MAR 2005. Then will transfer 2003 cases also to BEC.
Hello, Friends did you guys have noticed
Colorado Is processing cases for 01/2003 ( NON -RIR). Looks like theay are free to work on 2003 cases when all 2001 and 2003 cases are moved to BEC.
I wish I have filed in JAN 2003 so I could have get labor approved before backlog approve.
Its good news for People filed in 2003 year.
I have heard they will process cases till MAR 2005. Then will transfer 2003 cases also to BEC.