New York SESA Tracker

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intersting actions on USCIS

I believe moving the thread to this subdirectory make it harder for everybody , that is why there are low number of posting today, give it couple of days until people get used to the new structure.

Guys: I have question, I am very confuse from reading this thread: http://boards.immigrationportal.com/showthread.php?p=921548#post921548

Do you guys have any kind of summery about how that is going to effect us, I know Just watching gave some info before , but do you guys having any kind of summery, people are panicking their about not able to file concurrence cases or even extend the H1 behind 6 years !!!!
 
ahalem said:
I believe moving the thread to this subdirectory make it harder for everybody , that is why there are low number of posting today, give it couple of days until people get used to the new structure.

Guys: I have question, I am very confuse from reading this thread: http://boards.immigrationportal.com/showthread.php?p=921548#post921548

Do you guys have any kind of summery about how that is going to effect us, I know Just watching gave some info before , but do you guys having any kind of summery, people are panicking their about not able to file concurrence cases or even extend the H1 behind 6 years !!!!
Click to expand...

My summary:

If the visa number dates are no longer current, this is what happens -

Your PD older than the visa number date -
- You can continue to do things just like you do today, file concurrent, etc...

Your PD is more recent than the visa number date -
- If you have already filed your I-485 concurrent or not it will be put on hold until your PD becomes current. But, you benefit from EAD and AP, hence you don't need to worry about H1-B past the sixth year.

- If you have not filed your I-485 you will not be able to file it until your PD becomes current. You can file I-140 alone. If your I-140 is pending beyond 1 year, you can file for H-1B extension. No EAD/AP since these are linked to I-485.

What does this mean to NY SWA forum people?

First, let's speculate on what the cut-off date is going to be.
- Speculation is only for EB-3, all other categories seem to be fine.
- Within EB-3 there are country specific (India, Mexico, etc.)
- EB-3 is processing April 2004 submissions.
- In my opinion (MY OPINION) I doubt the cut-off date will be any earlier than January 2003.

So,

I think 2001 filers are safe, I would say the odds of your PD being more recent than the cut-off date are minimal.
I think 2002 filers are safe too, but I would be a bit more concerned.

2003 and 2004 filers - This is were I would be the most concerned but only if you are running out of H-1B time. In your situation on one hand you have backlog centers coming which will push you of the labor cert queue where you can continue to extend your H1-B to only being able to file I-140 until your PDs become current.

DISCLAIMER: I AM NOT AN ATTORNEY. I DON'T WANT TO BE ONE. THIS IS A SUMMARY OF WHAT I HAVE READ IN VARIOUS PLACES.
 
As usual A+ review, thanks for your time.

My last question and since I am in 2001 category, would it make as difference if I applied after the cut date is established as if my case could jump over other newer cases from other states ?

Also to add, every body expecting the cut date to be this January 2005 and as Just watching said around late 2002 to early 2003
 
JustWatching said:
Suhel ,

For people that the tracker hasn't marked them as moved to Regional:

Quickmouse – last post 9/10, not moved to regional he said.
Rakki – labor in NH so maybe not updating here. This could be outdated.
Gc_kmk – last update 7/9, not moved to regional
Rajel – last post 9/15, not moved to regional
Waitlisted - last post 9/24/04, not moved to regional
Ahalem – last post 9/24/04, not moved to regional
Gandrakota – 8/20, not moved to regional
Mangy – last post 2/19, this is a late november case so not calling record outdated yet.
Click to expand...

I checked with my attorney. No update as of now. :(
 
Hi Justwatching,

Thanks for your great analysis today .......

Question: How long (on average) does it take for NYDOL to approve a case .... for example in Mike's case it took approx. 5 months :rolleyes:

Also - what is it that they do ? is there a process they follow ? e.g. look at the job market, salary, etc ????

Thanks your input is much appreciated.
 
ahalem said:
As usual A+ review, thanks for your time.

My last question and since I am in 2001 category, would it make as difference if I applied after the cut date is established as if my case could jump over other newer cases from other states ?

Also to add, every body expecting the cut date to be this January 2005 and as Just watching said around late 2002 to early 2003
Click to expand...

They still process in order of receipt for those cases that meet the cutoff date.

So take these 3 cases as example, let's say cutoff date is 1/1/03

Case # Received at USCIS PD
1 09/01/04 05/01/2003
2 11/01/04 10/05/2002
3 02/01/05 11/13/2001

In this scenario, cases would be processed in this order

Case 2, then case 3. Case 1 would be put on hold until PD became current.

So if there was no cutoff date Case 3 would need to wait for Case 1 and 2 to be processed.

Hope that helps.
 
Suhel said:
Hi Justwatching,

Thanks for your great analysis today .......

Question: How long (on average) does it take for NYDOL to approve a case .... for example in Mike's case it took approx. 5 months :rolleyes:

Also - what is it that they do ? is there a process they follow ? e.g. look at the job market, salary, etc ????

Thanks your input is much appreciated.
Click to expand...


Well, I think right now it is about 4 1/2 months. Or actually they are processing applications 4 1/2 months old. I make the distinction because it seems that June 2004 fewer applications were transferred to NY DOL. So while right now they are processing mid-May 2004 cases, in a month I think we will be seeing mid-July cases or 3 1/2 month old cases.

NY DOL tasks:
1) reviews for completeness
2) prevailing wage verification
3) review job specifications
4) review recruitment process.
 
Hello Everyone, :)
I just joined the forum and my LC was applied in Dec 2001 at NY state. I tried to ask my attorney for ETA # and he said Ny state does not provide one. Is it true? Do you know by any chance I can check with the NYS Dept and know where my Labor is stuck :confused:

Thanks
 
LC_DEC said:
Hello Everyone, :)
I just joined the forum and my LC was applied in Dec 2001 at NY state. I tried to ask my attorney for ETA # and he said Ny state does not provide one. Is it true? Do you know by any chance I can check with the NYS Dept and know where my Labor is stuck :confused:

Thanks
Click to expand...

Welcome to the forum. It's true NY SWA does not provide a number.

If you look in previous posts there is a tracker where you can get an idea of which cases are being processed.

You can also check: http://www.ows.doleta.gov/foreign/times.asp for processing times.

Do you know your exact application date so we can add you to our tracker.
 
JustWatching said:
Well, I think right now it is about 4 1/2 months. Or actually they are processing applications 4 1/2 months old. I make the distinction because it seems that June 2004 fewer applications were transferred to NY DOL. So while right now they are processing mid-May 2004 cases, in a month I think we will be seeing mid-July cases or 3 1/2 month old cases.

NY DOL tasks:
1) reviews for completeness
2) prevailing wage verification
3) review job specifications
4) review recruitment process.
Click to expand...


Thanks Justwatching ...... a fine job as usual ! Keep it up ! :)
 
Hi All,

I am new to this forum... my LC was filed on Nov 6, 2001. Can anyone advise me how long more it will take and is there a # I can call to find out my case status.

Thanks
 
avm update

One of the cases for my company, recd in DOL on 13th May - it was issued a NOF on Sep22, . It means DOL is looking at 13 May cases in Sep. But a case recd on 12May was remanded to employer on Jun17. Does it mean, they opened 12th May case in June, if it was good it will take 3 months for processing else send it back immediately. A case recd on May 12 getting opened on Jun17 -- isn't it too impressive ??
 
waitlisted said:
One of the cases for my company, recd in DOL on 13th May - it was issued a NOF on Sep22, . It means DOL is looking at 13 May cases in Sep. But a case recd on 12May was remanded to employer on Jun17. Does it mean, they opened 12th May case in June, if it was good it will take 3 months for processing else send it back immediately. A case recd on May 12 getting opened on Jun17 -- isn't it too impressive ??
Click to expand...

are the two cases you mentioned have same DOT codes?

we are thinking that processing is based on DOT codes!!
 
Labor from NY

JustWatching said:
My summary:

If the visa number dates are no longer current, this is what happens -

Your PD older than the visa number date -
- You can continue to do things just like you do today, file concurrent, etc...

Your PD is more recent than the visa number date -
- If you have already filed your I-485 concurrent or not it will be put on hold until your PD becomes current. But, you benefit from EAD and AP, hence you don't need to worry about H1-B past the sixth year.

- If you have not filed your I-485 you will not be able to file it until your PD becomes current. You can file I-140 alone. If your I-140 is pending beyond 1 year, you can file for H-1B extension. No EAD/AP since these are linked to I-485.

What does this mean to NY SWA forum people?

First, let's speculate on what the cut-off date is going to be.
- Speculation is only for EB-3, all other categories seem to be fine.
- Within EB-3 there are country specific (India, Mexico, etc.)
- EB-3 is processing April 2004 submissions.
- In my opinion (MY OPINION) I doubt the cut-off date will be any earlier than January 2003.

So,

I think 2001 filers are safe, I would say the odds of your PD being more recent than the cut-off date are minimal.
I think 2002 filers are safe too, but I would be a bit more concerned.

2003 and 2004 filers - This is were I would be the most concerned but only if you are running out of H-1B time. In your situation on one hand you have backlog centers coming which will push you of the labor cert queue where you can continue to extend your H1-B to only being able to file I-140 until your PDs become current.

DISCLAIMER: I AM NOT AN ATTORNEY. I DON'T WANT TO BE ONE. THIS IS A SUMMARY OF WHAT I HAVE READ IN VARIOUS PLACES.
Click to expand...

Hello JustWatching,
My Labor was filed in NY state in Dec 2003.I have 21 more months in my H1's 6 year limit.Do I need to be more worried because of this VISA numbers thing.
How do I know my PD?
Thanks.
 
Well lamba intjaar,

its too early to get worry about any thing at this stage ,since we do not know what kind of laws they will have tomorrow and next year or year after, hopefully it would be fine by the time it reach your case.

lamba intjaar said:
Hello JustWatching,
My Labor was filed in NY state in Dec 2003.I have 21 more months in my H1's 6 year limit.Do I need to be more worried because of this VISA numbers thing.
How do I know my PD?
Thanks.
Click to expand...
 
Welcome Aboard , we are in the same boat, mine is Nov 13 and Just watching is Nov 11, hopefully it will process in SEAS with in month or so.

you can alaways call (212) 337 2193 option 1 then 2 and provide your company phone number which was written in the Application.

ariesny1 said:
Hi All,

I am new to this forum... my LC was filed on Nov 6, 2001. Can anyone advise me how long more it will take and is there a # I can call to find out my case status.

Thanks
Click to expand...
 
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