New Jersey SESA Tracker

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140/485 Concurrent filing?

Hi friends,
Our labor got cleared on nov 11 2004..we applied labor in nj on apr 2002.
Now we are about to file 140/485 concurrently.Our lawyer kept everything ready to file.

I could see some messages in this forum that we can't file both together.
If we need to hurry in applying within this month end means
does the receipt date should be before dec 31st ?
or the notice date should be before dec 31st?
is there any link for this new rule?

thanks
2002 labor
 
Hi 2002Labor/chikkad2000

Congratulations to both of you

Chikkad200: why can’t we file I-140 and I-485 concurrently?

2002labor: Do you mind telling your skill set and category and also when your application was moved to NY DOL?

What is receipt data and notice date?

Appreciate all your time and help

Thanks
Maa
 
EB3 RIR dates retrogress.

The U.S. Department of State (DOS), as predicted, announced that the Employment-Based, 3rd Preference (EB3) visa numbers for India, mainland China, and the Philippines will retrogress on January 1, 2005. The EB3 numbers for nationals of the listed countries will retrogress to January 1, 2002. This means that, as of January 1, 2005, anyone who is the beneficiary of a labor certification (or I-140 if a labor certification was not required) in the EB3 category filed on or after January 1, 2002, will not be permitted to file the I-485 or have a consular interview for an immigrant visa until the numbers move beyond this date.

Link to news on murthy.com
http://www.murthy.com/news/n_empvis.html

Visa bulletin on state.travel.gov
http://travel.state.gov/visa/frvi_bulletincurrent.html

So basically if your Priority date is after Jan 1, 2002; you are not permitted to file I-485.
 
Unknown's Info

Applied in NJ Mar 28th, 2002. Moved out of NJ Aug 2nd, Received by Regional Oct. 12th. I believe the case number is 02511XXX if they didn't mess it up -- Unknown's info
 
Unknown's Info

Applied in NJ Mar 28th, 2002. Moved out of NJ Aug 2nd 2004 and Received by Regional Oct 12, 2004. I believe the case number is 02511XXX if they didn't mess up -- For unknown.


inUSA2000 said:
Hey Did any of these guys got their labor cleared. ?? If so please update the njlabor.xls

LaborApproval
nivasch
ronbans
SlowLC
sunny1973
ykmadaan
mbj
SVD
akhilan
DavidChen
Sh_Ad
Komatsola
pain_labor
Gottaget
msdn2006
Jss1
unknown

Thanks
inUSA2000
Click to expand...
 
meganm said:
So when can people who have filed for their labor after 1 Jan 2002 apply for I 485 ?
Thanks
Click to expand...
watch out for visa bulletin 's. They will let you know. Nobody can answer your question at this time.
 
Updated news...

I spoke with my lawyer yesterday about my LC application which was filed to NJ on May 2002. He told me that his office did not get any notification about the LC for about a month. He heard from some source that about a thousand of cases have been transferred to Penn backlog reduction center. He was not sure about my case status whether it was moved to NY or got transferred to Penn. But he think it's likely to be the later case. He said we will eventually know about that because from what he was told we will definitely get the notification from Penn. Besides that NJ reclined to response to any query for May 2002.
 
I-140 and I-485 - New Rules from Jan 1 2005

Hi All,

Based on my conversation with my lawyer, here is what I understand about the new rule regarding the filing of I-140 and I -485.

1. Starting Jan 1 2005, people in the EB3 category cannot file I-140 and I-485 concurrently. This rule applies to people from India, China and a few other countries.

2. This rule does not apply to people who file in the EB1 and EB2 category no matter which county you are from.

3. Reason for this new rule is "Non-Availability of A-Number or some stupid number at the I-485 stage ". Hence, EB3 guys starting Jan 1 2005 cannot do concurrent filing of I-140 and I-485.

4. Starting Jan 1 2005, the priority date for EB3 category people will be rolled back to Jan 1 2002.

5. The INS will review your I-485 case only after your I-140 has been approved and your I-485 filing date is close to the priority date.

6. Additionally, people in EB3 who had filed for labor after Jan 1 2002, cannot even go for counselor processing.

7. But for those who have filed after Jan 1 2002 and whose labor has been approved, these guys can still file for I-140 and I-485 concurrenlty in EB3 category by 12/30/04.

8. Lets say someone's labor filed on 4 Jan 2002 is approved on 28 Dec 2004, you have two days to beat the deadline of Jan 1 2005. But again your priority date of Jan 4 2002, is not very far from Jan 1 2002. So you should still be OK, even though you will not be allowed to file I-140 and I 485 concurrently.

9. Honestly, I don't know when they will allow concurrent filing again. But it seems that they are going back to the old procedure of filing I-485 after approval of I-140.

Hope this help answer some of your questions.

Chikkad2000
 
Same as Waiting4LC

I have the same case here. I think we guys should be in touch about this. I applied for Labor in Nj in Feb 02 as against may 02 in your case. Even my lawyer is not sure if my case is with NY or Penn backlog reduction center.

------
Waiting4LC said:
I spoke with my lawyer yesterday about my LC application which was filed to NJ on May 2002. He told me that his office did not get any notification about the LC for about a month. He heard from some source that about a thousand of cases have been transferred to Penn backlog reduction center. He was not sure about my case status whether it was moved to NY or got transferred to Penn. But he think it's likely to be the later case. He said we will eventually know about that because from what he was told we will definitely get the notification from Penn. Besides that NJ reclined to response to any query for May 2002.
Click to expand...
 
Hi Waiting4LC,njrirlabor ,
I'm also same kind of sistuvation
I applied in May 2002, I got query from NJ state, answered on 11/02/04 later we don't know moved to NY DOL?where it is!
 
njrirlabor,

Do you mean your LC was already moved to NY? I did not know that the case from Regional office will be forwarded to Penn backlog reduction as well. I thought it is only for the State office.

Thanks,
 
Hi waiting4LC

I really do not know, where it go from where. Basically, at this point in time., I am not too sure if it will go from NJ state to Back Log center, as I thought they ( as in the NJ state ) was already processing it or will it go to federal.
I am totally clueless. My lawyer said she would have a better idea by the end of December or early Jan as to where the case is!
 
Inside Info

Fellow members,
From what I have been told, by some reliable sources in the State Dept, All applications, whether approved at state or just reached federal, basically anything that need to be processed at the NJ SESA or NY DOL, with respect to LC cases, will be forwarded to the Backlog reduction centers.
I got a confirmation from my Lawyer that thats exactly whats been planned. Basically every piece of paper regarding LC, from CA, NJ and NY states, will be forwarded to the BR Center either in Philly or Dallas.

Somehow I get the feeling that this process definitely would attribute to some temporary delays and more mental bogdown for all of us.

:confused:
 
So does this mean, the back log reduction center, will act as a backlog reduction center for federal DOL as well? Does any one have experience with these backlog reduction centers. My lawyers sort of hinted that they are rather rough/ picky in clearing labor????
 
As far as I have heard - the BEC will have all powers to approve/decline labor applications at STATE & FEDERAL levels. Its a single authority for labor cases.
 
LC - RIR Filing Reciept from NJ SESA ???

Hello -

My company sent me a letter on Dec 2002, saying that my RIR
has been filed in NJ SESA and also it says per records it has been filed in Nov 2002.

I asked the HR team if they received any receipt for filing RIR. THe HR Team replied me back saying that NJ SESA does not provide any reciept or case number, and we have to just wait.

- This reply scares me. Please help and let me know if really NJ SESA does not provide any case receipts ?

Thanks for the help !
 
That is correct. NJ SESA doesnt provide any receipt. You cant do anything other than believe your employer.
Or try calling NJ SESA and see some good person will verify for you that your case has been received. NJ SESA generally (most of the times) do not share information with candidate (only lawyer or employer).
 
NJ SESA Cleared

Hi

My labor was cleared by NJ SESA and sent to NY DOL

Date of receipt at NJ SESA : May 6, 2002
Query from NJ SESA : Nov 2004
Replied the query : DEc 13, 2004
Case sent to NY DOL : DEc 15, 2004

My attorney sent me the information. I have not got my case# yet to check in NYDOL. Anyway from posts above, it seems it takes some time to get updated. Will keep you guys posted.
 
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