New York SESA Tracker

[bayareagc]

Please help

Labour Filed in RIR in California 08/2001
Transferred to Federal 08/2002
Remanded To State on 06/2003

Sitting in Regular queue since then

Questions:
a). When my case goes back to federal from SWA will i retain my old RD
OR i will get a new RD?

b). Now with the new regulations that the cases will get processed
based on RD, if i get a new RD then dont i have to wait much longer
because i will get a later date?

c). I beleive i will retain my PD. Is that correct?

Thanks

 

[Suhel]

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.
-------------------------------------------------------------------

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.

Please supply the fax numbers and addresses of the people we should be mailing letters to.

This situation is now getting past ridiculous ...... is it worth mailing letters any higher up ? or what about Newspapers ? Other Websites ? TV ? CNN ? etc.

Anyone got any thoughts please come forward .... also, any lurkers out there (you know who you are) please log in and make your voice heard.

 

[ahalem]

you guys might want to contact Mr. Khanna, I am pretty sure he is going to support this case, I took the initiative in the past and contacted him but I can not do that any more since I am going in long trip back home for 2 weeks.

 

[LoveNY]

Guys, I agree with you, w'll have to do something.

Meanwhile I have a question, my current visa is valid upto Jan,19 2005, Can I risk going to India for 2 weeks and come back by Jan,2 2005.

Any information would be great.

-LoveNY

 

[JustWatching]

Guys, I agree with you, w'll have to do something.

Meanwhile I have a question, my current visa is valid upto Jan,19 2005, Can I risk going to India for 2 weeks and come back by Jan,2 2005.

Any information would be great.

-LoveNY

Have you applied for an extension? If you have you should be fine. If you come back, they will probably let you in and put the 1/19/05 date on your I-94.

If you haven't applied for extension and go past that date you will be out of status - which obviously wouldn't be a good thing.

 

[LoveNY]

yep, it was filed a month ago but it is a 7th year.

currently I have 1/31/2005 on my I-94 bcoz my H1 is valid upto that date.

so I should not have to worry about the very short remaining validity, right?

Have you applied for an extension? If you have you should be fine. If you come back, they will probably let you in and put the 1/19/05 date on your I-94.

If you haven't applied for extension and go past that date you will be out of status - which obviously wouldn't be a good thing.

 

[JustWatching]

yep, it was filed a month ago but it is a 7th year.

currently I have 1/31/2005 on my I-94 bcoz my H1 is valid upto that date.

so I should not have to worry about the very short remaining validity, right?

All I can say is I was in a similar situation as yours - not 7th year though - and had no problems. Mine had 6 days left.

If you can, take copies of your extension application with you.

You always run the risk of running into a USCIS officer that doesn't exactly know what he is doing.

 

[LoveNY]

Thanks JustWatching.

All I can say is I was in a similar situation as yours - not 7th year though - and had no problems. Mine had 6 days left.

If you can, take copies of your extension application with you.

You always run the risk of running into a USCIS officer that doesn't exactly know what he is doing.

 

[richshi]

How do you define PERM again?

11/30/2004: OMB Decision of PERM Final Regulation Extended Again

The White House (OMB) reports today in its web site that the review of this regulatory review has been extended.

 

[richshi]

some more action?

11/29/2004: DOL Philadelphia and Dallas Backlog Processing Center Update

The DOL published a notice this morning that the Employment and Training Administration (ETA) of the Department of Labor (Department or DOL) is issuing this notice to
announce that DOL has moved its Foreign Labor Certification field staff in the Dallas and Philadelphia Regional Offices to the new Dallas and Philadelphia Backlog Processing Centers. This notice provides the public in the Dallas and Philadelphia regions with contact information regarding these two new processing centers. All foreign labor certification processing activities previously conducted in the Dallas or Philadelphia Regional Offices will now be assumed by the corresponding Dallas or Philadelphia Backlog Processing Center. The Backlog Processing Centers shall continue these functions on an interim basis and ETA shall publish a Federal Register notice in the near future providing guidance as to the handling of backlogged cases with the State Workforce Agencies (SWAs). Employers should continue, until ETA publishes future guidance on
this issue, to file applications for H-2B and H-2A, as well as applications for permanent labor certification with the appropriate SWA, which will, in turn, forward materials to the appropriate Backlog Processing Center.
The following new addresses, phone numbers, and fax numbers should be used by employers and by State Workforce Agencies for either inquiries or for the forwarding of application materials, as appropriate. Please note: For all application materials, inquiries, and other correspondence sent to either the Dallas or Philadelphia Backlog Processing Center, envelopes should be clearly marked according to the appropriate program type, i.e., Permanent, H2-A or H2-B.

Dallas Backlog Processing Center Address: ETA/DFLC Backlog Processing Center, U.S. Department of Labor, 700 North Pearl Street, Suite 400 N, Dallas, TX 75201, Phone: 214-237-9111, Fax: 214-237-9135.

Philadelphia Backlog Processing Center Address: ETA/DFLC Backlog Processing Center, U.S. Department of Labor, 1 Belmont Avenue, Suite 200, Bala Cynwyd, PA 19004, Phone: 484-270-1500, Fax: 484-270-1600.
This notice does not affect the pending proposal to streamline procedures for permanent labor certification under 20 CFR part 656, which was published in the Federal Register on May 6, 2002. For the full text of the DOL federal register announcement, please click here.

 

[richshi]

PERM review extended

Here is the excerpt from OMB. Well, at least I gave up on the PERM 6 months ago, so this does not come as surprise. Let's live with the reality, try to make DOL work faster with the current system.

Department of Labor

DOL-ETA RIN: 1205-AA66
Labor Certification for the Permanent Employment of Aliens in
the United States; Implementation of a New System
STAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
** RECEIVED: 02/23/2004
Review extended


Conspiracy theory: DOL is instructed by Home Land Security to test the maximum tolerance and endurance that alien labor applicants can bear. This is just a scientific experiment. Some folks have taken it in stride for more than 3 years, but there seems long way to go.

 

[randominklings]

PERM review extended

Here is the excerpt from OMB. Well, at least I gave up on the PERM 6 months ago, so this does not come as surprise. Let's live with the reality, try to make DOL work faster with the current system.

Department of Labor

DOL-ETA RIN: 1205-AA66
Labor Certification for the Permanent Employment of Aliens in
the United States; Implementation of a New System
STAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
** RECEIVED: 02/23/2004
Review extended


Conspiracy theory: DOL is instructed by Home Land Security to test the maximum tolerance and endurance that alien labor applicants can bear. This is just a scientific experiment. Some folks have taken it in stride for more than 3 years, but there seems long way to go.

Hello All,

Been a silent spectator for a while now. Labor filed under RIR Aug 2003. Not a peep from the SESA yet. I dont even know if they have opened the application.

About the PERM review extention above. When will the next update to that site be? I.e. do we have to wait x months before we get an update?

 

[very_upset_guy]

Folks,
It has been a long time since i posted anything here.
So here is the snapshot of my situation:
Sep/09/01 RIR filling.
Aroung May 04 case went to Region. Got back to State with NOF ( or whatever the issue when they are not "happy" ). Company did additional adv. ( external and internal ) and results have been submitted ot these idiot-s in Oct.

My questions to those who have been in this boat : How long it usually takes to here back from State in such cases? And how long to get to Region again ?
thank you.

Not a single response ... not a single clue... ?

 

[Juanito]

another letter model

I thought I would post the letter I sent to William Carlson. It is based on a previous one, but slightly more aggresive. Might help someone for inspiration.

-------------------------------------
William Carlson
USDOL/ETA
Office of National Programs
Division of Foreign Labor Certification,
200 Constitution Avenue, N.W.
Washington, D.C. 20210
FAX: 202-693-2768


Dear Mr. Carlson:

I have applied for Labor Certification from New York in January 2002. It has been a long and anxiety-provoking wait so far. The announcement of the backlog elimination plan was great news and brought new hope. Especially the fact that DOL was going to follow the first in first out (FIFO) principle at the backlog elimination centers (BEC).

That joy faded away quickly and was followed by frustration and anger as I have heard that over 35, 000 cases from Philadelphia, Dallas and San Francisco are going to be processed first and then the rest of the states are going to follow (including New York). If this is true, it is simply unfair. It is going to be 3 years of waiting for your department to process these applications and this plan is going to add, at least, one more year. A total of 4 years to process this application is not acceptable by any reasonable standard in any country in the world.

I think I have no other recourse but to appeal to your conscience. If I find out any other recourse, I will be glad to follow it. If you can suggest any further steps I can follow to speed up this process, I would appreciate immensely if you can let me know.

I have great expectations in your contribution to solve this problem and I hope that you do the right thing. Please process the oldest cases first at the BECs.

This is not only the fair thing to do, but the only right thing to do. God bless America.

Sincerely,


Signed with my name and contact information here
-----------------------------------

my LC date is Jan 15, 2002.

 

[diamond202]

Hi,

You could perhaps add a point that with impending EB3 prirority date regression expected in January, a significant number of cases that are scheduled to be cleared at BEC before ours are likely to get stalled at later stages in USCIS, denying them the real benefits of clearing the labor.

*202

 

[gcby2020]

V. good job Juanito. You should cc this letter to secretary of Labor Elain Chao, Hillary Clinton and Schumer. Keep up the fight.

 

[richshi]

Hail to gcby2020, pls coordinate the fight

Could some one provide the contact info of NY DOL state and federal level, I mean where we can mail a petition.

One more thing, I raised this Q before: will NY federal level follow the priority date, which is the initial filing date of one's LC, or by the LC receipt date at the NY DOL, after Jan 1, 2005?

V. good job Juanito. You should cc this letter to secretary of Labor Elain Chao, Hillary Clinton and Schumer. Keep up the fight.

 

[gcby2020]

Here are all the addresses and numbers

Secretary of Labor
Elaine L Chao
U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 20210


William Carlson, Chief (National CO)
USDL/ETA,
Office of National Programs,
Division of Foreign Labor Certification,
200 Constitution Avenue, N.W. Washington, D.C. 20210
T202-693-3010 F202-693-2768


Atlanta Processing Center
Gene Caso
Foreign Labor Certification Manager,
233 Peachtree Street
Suite 410, Atlanta, GA 30303
T404-562-2115 F404-562-2153

Chicago Processing Center
Charlene Giles
Foreign Labor Certification Manager
844 North Rush Street, 12th Floor, Chicago, IL 60611
T312-596-5400 F312-596-5401

Philadelphia Backlog Center
Stephen Stefanko
Foreign Labor Certification Manager
1 Belmont Avenue, Suite 200, Bala Cynwyd, PA 19004
T484-270-1500 F484-270-1598

Dallas Backlog Center
John Bartlett
Foreign Labor Certification Manager
700 North Perl Street, Suite N400, Dallas, TX 75211
T214-767-4980 F214-767-4788

Boston/NY Regional Offices
Dolores DeHaan, CO
201 Varick St., Room 755, NY, NY 10014
T212-337-2184, F212-337-1342

JFK Federal Bldg, Room E-350
Boston, MA 02203,
T617-565-4446, F617-565-2158

San Francisco Regional Office
Martin Rios, Co
71 Stevenson St., Suite 820
San Franciso, CA 94119
T415-975-4601 F415-975-4660

 

[gcby2020]

Addendum

Here are the updated fax and phone numbers of the BECs

Dallas Backlog Processing Center Address: ETA/DFLC Backlog Processing Center, U.S. Department of Labor, 700 North Pearl Street, Suite 400 N, Dallas, TX 75201, Phone: 214-237-9111, Fax: 214-237-9135.

Philadelphia Backlog Processing Center Address: ETA/DFLC Backlog Processing Center, U.S. Department of Labor, 1 Belmont Avenue, Suite 200, Bala Cynwyd, PA 19004, Phone: 484-270-1500, Fax: 484-270-1600.

 

[richshi]

Hail to the USCIS leadership

In the past 10 months we have witnessed the real and big progress that the USCIS (formerly "INS") have achieved. 6 months of GC processing is becoming a reality. Hail to the USCIS leadership! I had the honor sitting next to Mr. Eduardo Aguirre, Director of USCIS, several months ago while I was taking the AMTRACK train from Washington DC to NYC, he was coming to NYC attend a Hispanic national event (he was to be honored on the event and to give a speech). I had a brief conversation with him, and took the chance to express our hope for a better and faster GC process for high skilled immigrant workers. He listened and made notes. I did not expect anything would happen because of the conversation. But what a delightful surprise we are witnessing now.

We have yet to see anything solid from DOL.


12/02/2004: USCIS to Expand Pilot Program to All 50 States and District of Columbia

USCIS is scheduled to expand the Pilot Program for local green card cases to residents in all 50 states and District of Columbia and provide web access. USCIS requested on 11/30/2004 the OMB to review its notice which it intends to publish in the federal register. Right on, USCIS!!
Since last April 2004, the USCIS has been testing this pilot program through Dallas and New York district offices adjudicating certain family-based I-130/485 green card applications and other local district office proceedings within 90 days. During the testing period, the applicants in other local district jurisdictions felt the program was unfair to them.
On behalf of the immigrants across the board and throughout the nation, we "wholeheartedly" welcome the move and salute the USCIS leadership.
The details have yet to be announced and it is unclear whether the nation-wide pilot program will be a carbon copy of the ongoing Dallas Pilot Program model of 90-day adjudication or it will take longer. However, the immigrant community should send "applaud" to the USCIS leadership.