New York SESA Tracker

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Good Luck, gcby2020

We all should thank you for the time, energy, and spirit you have put up to benefit all the New York LC filers. Honestely, your case deserve to be processed faster!

gcby2020 said:
JUstwatchin, Ahalem...

All 2001 filers like you and me are in worst shape. Yesterday my employer called NY SESA. He was politely told that things are in transition and they may have more details after Jan 1st. They refused to give any indication as to whether they have stopped opening new cases and where do they stand. Looks like they have completely stopped any new cases and preparing to transfer the cases to BECs. The staff at BECs are going to be in their learning curve for the first six months. There are going to be lots of RFEs/denials/appeals. So there is very good chance that our aplications are not going to be processed for another one year. We may celebrate one more anniversary. The alternative is to protest. I sincerely thank all those who have faxed/mailed the letter. I am confident that even if we dont reap the benefits of our protests, future applicants definitely will . Therein lies my satisfaction.

P.S.
I am planning to write to the Secretary of Labor. Wish me good luck.
Click to expand...
 
no news for Oct,01 case

As per AVM, my company has at least 15 cases transferred to DOL. I called up DOL but my case is still not there. I asked the guy if my case would come to them and he said.. hmmm I think so, it should come here. I wonder when ???
 
Lets follow the lead by gc2020

Guys,
Not matter what is going to happen or happening, We wont loose anything by making noise. At the least DOL will know that we are all concerened.


Lets make it happen,

Thanks
East West
 
After a liaison meeting with DOL officials, the American Immigration Lawyers Association (AILA) announced the following updates on DOL Backlog Reduction Centers:

l. The Backlog Reduction Centers have not yet sent out any Center Receipt Notification Letters due to an issue with their software.But we can expect to see these letters in about two weeks or so. This explains why we have not seen any of these letters.

2. The DOL is now considering the move of the next set of cases to the Backlog Reduction Centers. BRC may move some cases from the processing centers in Atlanta and Chicago. After receiving many complaints from the most backlogged states such as NY, they will be looking at the SWAs from which they will be pulling cases consistent with their first-in-first-out (FIFO) policy. DOL will be issuing written guidance to the states to advise them of the FIFO policy and taking the oldest cases and giving them instructions on what to do with the cases (shipping, etc.).

3. In the next week or so, DOL should be publishing a notice in the Federal Register with the addresses and contact info for all the offices.

(11/17/2004)
 
richshi, where did you get this info from?
richshi said:
After a liaison meeting with DOL officials, the American Immigration Lawyers Association (AILA) announced the following updates on DOL Backlog Reduction Centers:

l. The Backlog Reduction Centers have not yet sent out any Center Receipt Notification Letters due to an issue with their software.But we can expect to see these letters in about two weeks or so. This explains why we have not seen any of these letters.

2. The DOL is now considering the move of the next set of cases to the Backlog Reduction Centers. BRC may move some cases from the processing centers in Atlanta and Chicago. After receiving many complaints from the most backlogged states such as NY, they will be looking at the SWAs from which they will be pulling cases consistent with their first-in-first-out (FIFO) policy. DOL will be issuing written guidance to the states to advise them of the FIFO policy and taking the oldest cases and giving them instructions on what to do with the cases (shipping, etc.).

3. In the next week or so, DOL should be publishing a notice in the Federal Register with the addresses and contact info for all the offices.

(11/17/2004)
Click to expand...
 
richshi said:
After receiving many complaints from the most backlogged states such as NY, they will be looking at the SWAs from which they will be pulling cases consistent with their first-in-first-out (FIFO) policy. DOL will be issuing written guidance to the states to advise them of the FIFO policy and taking the oldest cases and giving them instructions on what to do with the cases (shipping, etc.).
Click to expand...

Thanks gcby2020 !
 
I came upon this message while surfing other threads, can someone rebuff this SoB?

If we don't fight, some "bad" people will. I am disgusted and nearly terrified by reading this:

Ray S. said:
How likely is it that DOL will stick by it's word of starting this new process as of Jan 1 2005? this has larger implications for state based processing, it's a mammoth task, DOL is not known for it's good work ethics---how can they take on this beast of a task. Why should a state like Iowa wait on a state like California, this is just not fair. I hope applicants from these smaller states will file law suits promptly to stop the processing in larger states like CA, TX, NY based on FIFO. It makes no sense to smaller sized states. Why should this initial labor certification process be a Federal process when it's the individual states whose economy will be affected 'cause of slow permanent residency processing. I hope the White House will intervene and not take this privilege away from states. It should not be allowed, there has to be some reasonable justification, DOL has thus far had it's way, it's time to speak out in US courts.
Click to expand...
 
Last edited by a moderator:
richshi said:
If we don't fight, some "bad" people will. I am disgusted and nearly terrified by reading this:
Click to expand...


Well richshi, unfortunately I think he has a point. If you look at a previous post I mentioned how this was a MACRO plan and no matter what you did some would be affected negatively while others positively.

His argument is as valid as yours. You chose to live in NY along with a large number of other immigrants. No one made you be here.

And I don't want you to get upset - I really think you should try to understand their viewpoint which I also think is valid.

If someone wants to do this in a constructive manner (which is what I began to do with a letter that I began to draft - but didn't finish ) instead of just complaining about your problem I suggested that if you were going to send a letter that you should also propose a SOLUTION. Instead the letters just addressed the injustice.

So what does a fair plan look like? It perhaps sends seriously backlogged cases to BECs and it lets existing cases in fast states finish their pending cases upto end of '04. Then give clear expectations for new cases.

It is a lot more complicated than that. I don't have the time to do all the analysis to come up with such a plan, especially now that something seems like it will be published as soon as next week.
 
Query from DOL

JustWatching and other SME's (subject-matter-experts),

Here's my case. RIR LC app filed on May 09,2004 at NY DOL SWA. Even after DOL has finished processing May 2001 cases, did not receive any reply from DOL. Upon JustWatching's suggestion I called DOL. Found out that they lost my application, but details were entered in computer (Until this time, looking at their speed, I seriously doubted that they have computers). My company sent them LC application again (with same details as previous one, but signed again by myself and my manager).

Now DOL wants to know the following

recruitment efforts done within 6 months prior to the file date. (My company is a big financial firm, so I believe they'll have sufficient documentation).

why there is a change in the name of employer. i.e compared to the one in original application. (This is just because of internal re-structuring. So I do not anticipate any problem)

What personnel were changed ? Were any employees terminated. If so, specify. (My main concern is this. There was a layoff in our company in Oct 2002 because of slow economy. basically downsizing . Nothing to do with name change of the company or re-structuring of the company).

Can anybody tell me how bad this is and what the consequences are ?

Thanks,
 
sm11299 said:
JustWatching and other SME's (subject-matter-experts),

Here's my case. RIR LC app filed on May 09,2004 at NY DOL SWA. Even after DOL has finished processing May 2001 cases, did not receive any reply from DOL. Upon JustWatching's suggestion I called DOL. Found out that they lost my application, but details were entered in computer (Until this time, looking at their speed, I seriously doubted that they have computers). My company sent them LC application again (with same details as previous one, but signed again by myself and my manager).

Now DOL wants to know the following

recruitment efforts done within 6 months prior to the file date. (My company is a big financial firm, so I believe they'll have sufficient documentation).

why there is a change in the name of employer. i.e compared to the one in original application. (This is just because of internal re-structuring. So I do not anticipate any problem)

What personnel were changed ? Were any employees terminated. If so, specify. (My main concern is this. There was a layoff in our company in Oct 2002 because of slow economy. basically downsizing . Nothing to do with name change of the company or re-structuring of the company).

Can anybody tell me how bad this is and what the consequences are ?

Thanks,
Click to expand...

Hi sm11299,

After messing up your case the way they did I can't believe they have the nerve to ask questions. Anyhow,

You are probably right -recruitment efforts and name change should not be a problem at all.

On the layoffs, are they asking for layoffs prior to your application or anytime? Were the layoffs of people with similar jobs as yours or other areas?
If they are different you should be fine. If they are asking about layoffs at any point in time - not just prior to your application - then I would also make sure you include hiring as well, especially if it is recent.

Good luck and keep us posted.
 
Don't worry too much. My case is also filed in Oct 2001. Although my attorney told me my case was forwarded to regional DOL on 09/14/2004. It didn't show up in regional DOL system until 11/04/2004.

Maybe you case will be there in a few days. If you want to assure yourself, you can ask your attorney to give you the case number generated from state office.

waitlisted said:
As per AVM, my company has at least 15 cases transferred to DOL. I called up DOL but my case is still not there. I asked the guy if my case would come to them and he said.. hmmm I think so, it should come here. I wonder when ???
Click to expand...
 
richshi said:
After a liaison meeting with DOL officials, the American Immigration Lawyers Association (AILA) announced the following updates on DOL Backlog Reduction Centers:

l. The Backlog Reduction Centers have not yet sent out any Center Receipt Notification Letters due to an issue with their software.But we can expect to see these letters in about two weeks or so. This explains why we have not seen any of these letters.

2. The DOL is now considering the move of the next set of cases to the Backlog Reduction Centers. BRC may move some cases from the processing centers in Atlanta and Chicago. After receiving many complaints from the most backlogged states such as NY, they will be looking at the SWAs from which they will be pulling cases consistent with their first-in-first-out (FIFO) policy. DOL will be issuing written guidance to the states to advise them of the FIFO policy and taking the oldest cases and giving them instructions on what to do with the cases (shipping, etc.).

3. In the next week or so, DOL should be publishing a notice in the Federal Register with the addresses and contact info for all the offices.

(11/17/2004)
Click to expand...


This seems too good to be true. Where did you get this info. Debating what should be the next strategy? SHould we wait for a week to see what happens or continue our protests with secretary of Labor?? Any thoughts??
 
quickmouse said:
Don't worry too much. My case is also filed in Oct 2001. Although my attorney told me my case was forwarded to regional DOL on 09/14/2004. It didn't show up in regional DOL system until 11/04/2004.

Maybe you case will be there in a few days. If you want to assure yourself, you can ask your attorney to give you the case number generated from state office.
Click to expand...
If I have the case no, is there any way to find out info from SESA guys ?
 
I agree with gcby2020. Things too good to be true always cause more anxiety. From years of experience of dealing with INS, its successor -- USCIS, and DOL, you will find they are good about just talking, nothing else.

Have we remembered the talk about PERM back to early 2002. It was initially said to expect backlog of labor to be cleared by mid or end of 2003. Now it's 2004 and we haven't seen PERM being implemented any time soon in near future. That's the difference between expectation and reality:(

gcby2020 said:
This seems too good to be true. Where did you get this info. Debating what should be the next strategy? SHould we wait for a week to see what happens or continue our protests with secretary of Labor?? Any thoughts??
Click to expand...
 
With that case number, you should be able to find out from SESA where your case is, forwarded to regional or stay in SESA? But I think they only answer phone calls / letters from your attorney, not yourself.

waitlisted said:
If I have the case no, is there any way to find out info from SESA guys ?
Click to expand...
 
Seems like everything came to a screeching halt for Thanksgiving !

What are we Thankful for ???? Certainly not the slow progression of our labor approvals !
 
I m back

Was away for past few days. Well... we will have to fight with DOL even more vigorously. Just saw this post on murthy.com

DOL Transition Watch : Backlog Reduction Update
Posted Nov 26, 2004

The U.S. Department of Labor (DOL) indicated in early November 2004 that the Backlog Elimination Centers (BECs), also sometimes referred to as Backlog Reduction Centers, have been experiencing a software problem that prevented them from sending Center Receipt Notification Letters. These letters should be issued sometime in late November or early December 2004. Our October 29, 2004MurthyBulletin article, DOL Transition Watch: DOL Provides More Insight, available on MurthyDotCom, will prove helpful to those who are unfamiliar with the DOL restructuring.
©MurthyDotCom
The BECs may receive some cases from the Atlanta and Chicago national processing centers. The DOL is still in the process of assessing which State Workforce Agencies (SWAs) have the oldest cases to send to the BECs. We at The Law Office of Sheela Murthy, P.C., continue to track developments on the DOL transition and will regularly update MurthyDotCom and MurthyBulletin readers on these important changes.
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DOL couldnt be more ludicrous. Even the so called thirld world beraucrats would do much better job than DOL. After planning for over a year "The DOL is still in the process of assessing which State Workforce Agencies (SWAs) have the oldest cases to send to the BECs".
Give me a break! What is so hard over here. Go to their own website and figure it out. It would probably take 45 seconds.

And what is this "The BECs may receive some cases from the Atlanta and Chicago national processing centers."... WHat cases are there at Atlanta and Chicago NPCs?? Any ideas?? It looks the backlogged cases from chicago and atlanta are being shifted to BECs. The implications for us: First Philly, DAllas, SAn Fran, atlanta and chicago cases will get processed and then rest of the states will start at BEC. SO the NY 2001 filers expect to spend next thanxgiving on this board thanking the DOL for destroying our lives.

well... where do we New yorkers go from here. It looks like we have no choice but to make ourselves heard. If all the 2001 and 2002 filers from NY write a letter to all the officials of DOL (from Secretary Elain Chao, Bill CArlson and the rest of the directors of BECs/NPC) they will get the point. Please modify our earlier letter and send it out ASAP.
 
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