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GOD_BLESS_YOU
Registered Users (C)
DOL National Processing Center in Chicago Briefings -- Part 1
01/09/2005: DOL National Processing Center in Chicago Open House and PERM Briefing
Readers have sent us a number of interesting questions on the PERM program and current processing of backlog cases in Chicago. For the pipeline cases, the leading question was whether he/she could file PERM application after March 28, 2005 without withdrawing the pending applications. For the new filers, the leading question was whether he/she should file RIR now and attempt to covert after march 28, 2005 or file the PERM application without filing RIR now.
This reporter will attend the Open House at the National Processing Center tomorrow from 2:00 - 4:00 p.m. and the Briefing session from 9:00 a.m. to 1:00 p.m. January 11, 2005.
During the next two days, this reporter will report from Chicago. We hope to get some answers to various questions during the session. Please stay tuned to this website.
01/10/2005: Report from Chicago National Processing Center Open House
The Chicago Regional Office staff have been relocated to the National Processing Center since the end of November 2004. Currently there are approximately 13 officials, former Chicago Region staff, who are preparing for the PERM program. The officers are very enthusiastic about the PERM program.
The National Processing Center has yet to fill many permanent and temporary employees positions and is actively seeking recruitment. Unlike the Backlog Processing Centers, there are no activities of apparent hiring of contractors and activities of contractors. There are cubicles after cubicles which are empty other than computers, desks, and chairs. It appears that the current staff members are handling mostly temporary labor certification cases of H-2A and H-2B. The most up-to-date list of staff indicates that these officers are scheduled to process RIR cases but there are no indications that the RIR cases are being processed. It sounds that most of the "regular" labor certification applications have been transferred to the Dallas Backlog Processing Center. Present at the Open House were the Chief of Foreign Labor Certification, DOL, and Chief Legal Counsel of the Foreign Labor Certification, DOL, but no specifics have been released from these leaders about the ongoing process and the upcoming changes.
It appears that these leaders understand that there are a host of issues that will have to be addressed in the future. Some of these will be discussed at the tomorrow's PERM Briefing session. Unconfirmed sources indicate that the meeting will take questions from the floors in writing without the response being given to the questions during the Briefing session. They may post the answers on the DOL website in the future. It sounds that the DOL will release the information mostly on its web site in the future rather than giving answers to immigration organizations. Please stay tuned.
01/11/2005: Report from Chicago:Transitional Staffing List of DOL Chicago NPCThe current staffing list during the phase of transition is as follows:
Charlene Giles: Director
Marie C. Gonzalez: Certifying Officer (RIR, H-2A, H-2B)
RIR Team: Belinda Kimmons,Team Leader, and all other analysts, particularly Heidi Rodriguez
H-2A Team: John Abraytis, Team Leader, and William Matwijiw
H-2B Team: Renee Van, Team Leader, and Marsha Johnson and Robert Fitzsimmons
Special Handling: John Abraytis
Limited Review Processing: Renee Van, Team Leader, and Raymundo Garcia
Support Staff: Naima Upshaw and Desiree Gibson
Contact Numbers:
General Information Phone: (312)886-8000
Fax: (312)886-9490, (312)886-1688
Tone Talker: (312)353-1059
Street Address: 844 North Rush Street, 12th Floor, Chicago, IL 60611
The foregoing staffing list reflects a temporary arrangement. Once the PERM goes into full operation on March 28, 2005, it is likely that there will be some changes.
Qualified labor certification specialists, particularly those in state offices, may want to contact Charlene Giles for the permanent and temporary position openings. The Chicago NPC is expected to work on a tight preparation schedule as the newly hireds should be trained with rules as well as practice points during next two months and a half. Charlene Giles is an expert with a long career background with the foreign labor certification and confident that the recruitment and training could be completed in a timely manner. Thus far, we have a very good pool of staff in Chicago.
01/11/2005: Report from Chicago: Denial of PERM Application and Consequences - New Filer Issue
There will be one big change in the labor certification application process which has not been widely discussed in the immigration law community. It is the consequences of denial. Under the current law, once a labor certification application is denied, the employer is barred from filing another labor certification application for the next six (6) six months for the same alien and the same occupation. The PERM regulation removed this bar. Consequently, the employers will be free to refile an application after some changes in the application, even after the denial. Such refiling is barred only during the period of review by BALCA which is an appeal process of time consuming. Considering the fact that the eligible application will be taken only form 45 days to 60 days to obtain certification, it is likely that the most employers may attempt to refile after denial rather than going through the time-coming appeal process. This is a positive aspect of the labor certifying system reengineering. This change opens a door for the new filers to file a RIR now and convert to PERM or just wait and file a PERM application after March 28, 2005, and keep trying in the event that the PERM application is denied.
The same opportunity may be available for the applicants in the pipelines, but because of higher risk involved with the conversion and potential loss of valuable priority date, the removal of six-month bar under the new system may not give them much help in considering the conversion. However, at least from the perspective of the law, should their RIR or Regular application be denied for whatever reasons, they will be allowed to refile under the PERM immediately after the denial inasmuch as they have built up a good PERM application. The current regulation that regulates the RIR or regular application bars the denied applicants to refile within six months, but it has no effect on the PERM regulation and they will be able to file a new application right away under the PERM regulation without being handicapped by the current regulation.
US&Canada said:Thanks for the update, GOD_BLESS_YOU! Do you know where this report came from? These are the opinions from Immigration.com or some official sources? How reliable are they?
01/09/2005: DOL National Processing Center in Chicago Open House and PERM Briefing
Readers have sent us a number of interesting questions on the PERM program and current processing of backlog cases in Chicago. For the pipeline cases, the leading question was whether he/she could file PERM application after March 28, 2005 without withdrawing the pending applications. For the new filers, the leading question was whether he/she should file RIR now and attempt to covert after march 28, 2005 or file the PERM application without filing RIR now.
This reporter will attend the Open House at the National Processing Center tomorrow from 2:00 - 4:00 p.m. and the Briefing session from 9:00 a.m. to 1:00 p.m. January 11, 2005.
During the next two days, this reporter will report from Chicago. We hope to get some answers to various questions during the session. Please stay tuned to this website.
01/10/2005: Report from Chicago National Processing Center Open House
The Chicago Regional Office staff have been relocated to the National Processing Center since the end of November 2004. Currently there are approximately 13 officials, former Chicago Region staff, who are preparing for the PERM program. The officers are very enthusiastic about the PERM program.
The National Processing Center has yet to fill many permanent and temporary employees positions and is actively seeking recruitment. Unlike the Backlog Processing Centers, there are no activities of apparent hiring of contractors and activities of contractors. There are cubicles after cubicles which are empty other than computers, desks, and chairs. It appears that the current staff members are handling mostly temporary labor certification cases of H-2A and H-2B. The most up-to-date list of staff indicates that these officers are scheduled to process RIR cases but there are no indications that the RIR cases are being processed. It sounds that most of the "regular" labor certification applications have been transferred to the Dallas Backlog Processing Center. Present at the Open House were the Chief of Foreign Labor Certification, DOL, and Chief Legal Counsel of the Foreign Labor Certification, DOL, but no specifics have been released from these leaders about the ongoing process and the upcoming changes.
It appears that these leaders understand that there are a host of issues that will have to be addressed in the future. Some of these will be discussed at the tomorrow's PERM Briefing session. Unconfirmed sources indicate that the meeting will take questions from the floors in writing without the response being given to the questions during the Briefing session. They may post the answers on the DOL website in the future. It sounds that the DOL will release the information mostly on its web site in the future rather than giving answers to immigration organizations. Please stay tuned.
01/11/2005: Report from Chicago:Transitional Staffing List of DOL Chicago NPCThe current staffing list during the phase of transition is as follows:
Charlene Giles: Director
Marie C. Gonzalez: Certifying Officer (RIR, H-2A, H-2B)
RIR Team: Belinda Kimmons,Team Leader, and all other analysts, particularly Heidi Rodriguez
H-2A Team: John Abraytis, Team Leader, and William Matwijiw
H-2B Team: Renee Van, Team Leader, and Marsha Johnson and Robert Fitzsimmons
Special Handling: John Abraytis
Limited Review Processing: Renee Van, Team Leader, and Raymundo Garcia
Support Staff: Naima Upshaw and Desiree Gibson
Contact Numbers:
General Information Phone: (312)886-8000
Fax: (312)886-9490, (312)886-1688
Tone Talker: (312)353-1059
Street Address: 844 North Rush Street, 12th Floor, Chicago, IL 60611
The foregoing staffing list reflects a temporary arrangement. Once the PERM goes into full operation on March 28, 2005, it is likely that there will be some changes.
Qualified labor certification specialists, particularly those in state offices, may want to contact Charlene Giles for the permanent and temporary position openings. The Chicago NPC is expected to work on a tight preparation schedule as the newly hireds should be trained with rules as well as practice points during next two months and a half. Charlene Giles is an expert with a long career background with the foreign labor certification and confident that the recruitment and training could be completed in a timely manner. Thus far, we have a very good pool of staff in Chicago.
01/11/2005: Report from Chicago: Denial of PERM Application and Consequences - New Filer Issue
There will be one big change in the labor certification application process which has not been widely discussed in the immigration law community. It is the consequences of denial. Under the current law, once a labor certification application is denied, the employer is barred from filing another labor certification application for the next six (6) six months for the same alien and the same occupation. The PERM regulation removed this bar. Consequently, the employers will be free to refile an application after some changes in the application, even after the denial. Such refiling is barred only during the period of review by BALCA which is an appeal process of time consuming. Considering the fact that the eligible application will be taken only form 45 days to 60 days to obtain certification, it is likely that the most employers may attempt to refile after denial rather than going through the time-coming appeal process. This is a positive aspect of the labor certifying system reengineering. This change opens a door for the new filers to file a RIR now and convert to PERM or just wait and file a PERM application after March 28, 2005, and keep trying in the event that the PERM application is denied.
The same opportunity may be available for the applicants in the pipelines, but because of higher risk involved with the conversion and potential loss of valuable priority date, the removal of six-month bar under the new system may not give them much help in considering the conversion. However, at least from the perspective of the law, should their RIR or Regular application be denied for whatever reasons, they will be allowed to refile under the PERM immediately after the denial inasmuch as they have built up a good PERM application. The current regulation that regulates the RIR or regular application bars the denied applicants to refile within six months, but it has no effect on the PERM regulation and they will be able to file a new application right away under the PERM regulation without being handicapped by the current regulation.
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GOD_BLESS_YOU
Registered Users (C)
DOL National Processing Center in Chicago Briefings -- Part 2
01/11/2005: 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.
01/11/2005: Report from Chicago: No Parallel Applications Permitted Without Losing Priority Date
When people refile a PERM application without dislosing the pending application, the National Processing Centers will access the database at the BPCs to see whether any cases are pending for the employer and the employee. Accordingly, parallel filing of PERM application and non-PERM application will be blocked by the DOL. Such policy will enhance the risk of conversion and a fewer employers may attempt conversion fiing.
01/11/2005: Report from Chicago: Consequences of Failure to Respond to 30-day Audit Notice
The National Processing Centers may issue a 30-day audit notice for collection of information/documents. If the employer fails to respond to such notice, the future cases of the employer will be audited! Watch out.
01/11/2005: Report from Chicago: "Job Order" Requirement for PERM filing
Unlike the current practice of state offices to initiate the job order not only with the state system but also the national bank, the job order as part of the recruitment requirements for PERM filing will not require the national job bank job order. It is sufficient to make the job order with the state system only. Good!
01/11/2005: Report from Chicago: E-Filing vs. Mail-Filing
Even though the regulation allows mail-filing of PERM cases, the DOL discourages mail filings as it will require additional resources. The mail filing cases will have to be typed into the e-filing database by the resources in the National Processing Centers since the entire labor certification applications must be in the national database system. Additionally, if there is a flaw or defect in e-filing, the system will "not accept" the filing, but if such flaw or defect is detected in the paper filing, such application will be "denied." Once a case is denied, refiling can be audited depending on the flaws. Try to make e-filing!
01/11/2005: Report from Chicago: 45 - 60 Day Processing Time for PERM Does not Apply to Conversion Cases
Another disappointing news for the conversion case is the processing times for such cases. DOL confirms that the processing time for conversion cases will be much longer than non-conversion PERM applications. DOL did not disclose the anticipated specific processing times for the conversion cases. It just stated that the processing times will be shorter than the current backlog cases waiting times.
01/11/2005: Last Report from Chicago: Fate of Substitution of Employee for the Certified Labor Certification
The certified PERM application may be used for the substitution of the alien beneficiary just as it has been the rule under the current labor certification practice. This is a very positive note. In closing this report from Chicago, this reporter wants to say "thanks" to the DOL officials for their good work for sharing information with the attendants. From the floor, the DOL received a large number of questions and comments, but as we reported yesterday, the DOL did not respond to any of these questions and comments at the end of the Briefing. It promises that the answers will be published on its web site in due course.
01/11/2005: 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.
01/11/2005: Report from Chicago: No Parallel Applications Permitted Without Losing Priority Date
When people refile a PERM application without dislosing the pending application, the National Processing Centers will access the database at the BPCs to see whether any cases are pending for the employer and the employee. Accordingly, parallel filing of PERM application and non-PERM application will be blocked by the DOL. Such policy will enhance the risk of conversion and a fewer employers may attempt conversion fiing.
01/11/2005: Report from Chicago: Consequences of Failure to Respond to 30-day Audit Notice
The National Processing Centers may issue a 30-day audit notice for collection of information/documents. If the employer fails to respond to such notice, the future cases of the employer will be audited! Watch out.
01/11/2005: Report from Chicago: "Job Order" Requirement for PERM filing
Unlike the current practice of state offices to initiate the job order not only with the state system but also the national bank, the job order as part of the recruitment requirements for PERM filing will not require the national job bank job order. It is sufficient to make the job order with the state system only. Good!
01/11/2005: Report from Chicago: E-Filing vs. Mail-Filing
Even though the regulation allows mail-filing of PERM cases, the DOL discourages mail filings as it will require additional resources. The mail filing cases will have to be typed into the e-filing database by the resources in the National Processing Centers since the entire labor certification applications must be in the national database system. Additionally, if there is a flaw or defect in e-filing, the system will "not accept" the filing, but if such flaw or defect is detected in the paper filing, such application will be "denied." Once a case is denied, refiling can be audited depending on the flaws. Try to make e-filing!
01/11/2005: Report from Chicago: 45 - 60 Day Processing Time for PERM Does not Apply to Conversion Cases
Another disappointing news for the conversion case is the processing times for such cases. DOL confirms that the processing time for conversion cases will be much longer than non-conversion PERM applications. DOL did not disclose the anticipated specific processing times for the conversion cases. It just stated that the processing times will be shorter than the current backlog cases waiting times.
01/11/2005: Last Report from Chicago: Fate of Substitution of Employee for the Certified Labor Certification
The certified PERM application may be used for the substitution of the alien beneficiary just as it has been the rule under the current labor certification practice. This is a very positive note. In closing this report from Chicago, this reporter wants to say "thanks" to the DOL officials for their good work for sharing information with the attendants. From the floor, the DOL received a large number of questions and comments, but as we reported yesterday, the DOL did not respond to any of these questions and comments at the end of the Briefing. It promises that the answers will be published on its web site in due course.
Last edited by a moderator:
What NY-DOL is doing now?
They are just shipping the unopenned cases to BLC? I think they are still processing........
They are just shipping the unopenned cases to BLC? I think they are still processing........
GOD_BLESS_YOU said:01/11/2005: 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.
01/11/2005: Report from Chicago: No Parallel Applications Permitted Without Losing Priority Date
When people refile a PERM application without dislosing the pending application, the National Processing Centers will access the database at the BPCs to see whether any cases are pending for the employer and the employee. Accordingly, parallel filing of PERM application and non-PERM application will be blocked by the DOL. Such policy will enhance the risk of conversion and a fewer employers may attempt conversion fiing.
01/11/2005: Report from Chicago: Consequences of Failure to Respond to 30-day Audit Notice
The National Processing Centers may issue a 30-day audit notice for collection of information/documents. If the employer fails to respond to such notice, the future cases of the employer will be audited! Watch out.
01/11/2005: Report from Chicago: "Job Order" Requirement for PERM filing
Unlike the current practice of state offices to initiate the job order not only with the state system but also the national bank, the job order as part of the recruitment requirements for PERM filing will not require the national job bank job order. It is sufficient to make the job order with the state system only. Good!
01/11/2005: Report from Chicago: E-Filing vs. Mail-Filing
Even though the regulation allows mail-filing of PERM cases, the DOL discourages mail filings as it will require additional resources. The mail filing cases will have to be typed into the e-filing database by the resources in the National Processing Centers since the entire labor certification applications must be in the national database system. Additionally, if there is a flaw or defect in e-filing, the system will "not accept" the filing, but if such flaw or defect is detected in the paper filing, such application will be "denied." Once a case is denied, refiling can be audited depending on the flaws. Try to make e-filing!
01/11/2005: Report from Chicago: 45 - 60 Day Processing Time for PERM Does not Apply to Conversion Cases
Another disappointing news for the conversion case is the processing times for such cases. DOL confirms that the processing time for conversion cases will be much longer than non-conversion PERM applications. DOL did not disclose the anticipated specific processing times for the conversion cases. It just stated that the processing times will be shorter than the current backlog cases waiting times.
01/11/2005: Last Report from Chicago: Fate of Substitution of Employee for the Certified Labor Certification
The certified PERM application may be used for the substitution of the alien beneficiary just as it has been the rule under the current labor certification practice. This is a very positive note. In closing this report from Chicago, this reporter wants to say "thanks" to the DOL officials for their good work for sharing information with the attendants. From the floor, the DOL received a large number of questions and comments, but as we reported yesterday, the DOL did not respond to any of these questions and comments at the end of the Briefing. It promises that the answers will be published on its web site in due course.
Open Cases in NYC SESA
Thanks for all the detailed report. As you alluded, the open cases will remain with SESA. Do you know by when they have to clear the cases? Any once cleared, will the case forwarded to regional DOL or Backlog Processing Center?
My PD 8/2001. Case was opened and inquiry was received in June and responded within two weeks by attorney office. Now I was told that the file sits at prevailing wage office. The inquirey about low salary has been explained due to relocation from the southern state to NYC so the upward adjustment was not as great.
Thanks,
Thanks for all the detailed report. As you alluded, the open cases will remain with SESA. Do you know by when they have to clear the cases? Any once cleared, will the case forwarded to regional DOL or Backlog Processing Center?
My PD 8/2001. Case was opened and inquiry was received in June and responded within two weeks by attorney office. Now I was told that the file sits at prevailing wage office. The inquirey about low salary has been explained due to relocation from the southern state to NYC so the upward adjustment was not as great.
Thanks,
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File Two Applications
Can I keep RIR case and file a new PERM with the current position? I understand that I will not have the same PD. But what's the difference? Is there any backlog for I-485 step?
Thanks,
US&Canada said:Thanks a lot, dreamer_ny. It would be great if I could do that!
Can I keep RIR case and file a new PERM with the current position? I understand that I will not have the same PD. But what's the difference? Is there any backlog for I-485 step?
Thanks,
RIR LC between Jan 1, 2005 - March 28, 2005
Friends,
Applying for labor certification in RIR in a day or two...where one should be sending LC application? Is it to NPC or BEC or state labor department?. Is there any change in RIR case processing rules between Jan 1, 2005 to March 28, 2005? Would like the application to be sent to right place.
Thanks in advance.
Friends,
Applying for labor certification in RIR in a day or two...where one should be sending LC application? Is it to NPC or BEC or state labor department?. Is there any change in RIR case processing rules between Jan 1, 2005 to March 28, 2005? Would like the application to be sent to right place.
Thanks in advance.
NYWait100 said:Can I keep RIR case and file a new PERM with the current position? I understand that I will not have the same PD. But what's the difference? Is there any backlog for I-485 step?
Thanks,
GOD_BLESS_YOU has made it clear in the previous reply: "...Accordingly, parallel filing of PERM application and non-PERM application will be blocked by the DOL..."
My understanding is, the DOL will not allow both RIR and PERM applications to be filed on the same position and same beneficiary. RIR case should be withdrawn first.
Anyone disagree?
bs89 said:Friends,
Applying for labor certification in RIR in a day or two...where one should be sending LC application? Is it to NPC or BEC or state labor department?. Is there any change in RIR case processing rules between Jan 1, 2005 to March 28, 2005? Would like the application to be sent to right place.
Thanks in advance.
I spoke to a lawyer and she said all fresh cases between Jan 1 and Mar 28 should be sent directly to NPC.
SINCE2001 said:Mine was filed in April 2001 in NY and yet there is not reply from them. Can anyone Please advise me on it?
Did you call them?
US&Canada said:GOD_BLESS_YOU has made it clear in the previous reply: "...Accordingly, parallel filing of PERM application and non-PERM application will be blocked by the DOL..."
My understanding is, the DOL will not allow both RIR and PERM applications to be filed on the same position and same beneficiary. RIR case should be withdrawn first.
Anyone disagree?
RIR was filed for the position 2 to 3 years ago. If I were to file for a position I am holding now, it should be allowed. Let's say 2 to 3 years, I was associate. Now I am consultant. The promotion happened last year. So my RIR can be for associate and my new PERM can be for consultant. Understand PD will be new but if there not quota restriction, who cares? Comments? Thanks,
srimoorthy
Registered Users (C)
Hi I am in the same boat as you and so are many more i guess. I understand by now this Stress alone would have caused many health problems for me. Just about I was thinking oh they are processing October 2001 cases (mine was filed in oct 2001), I hear now they are moving everything to Backlog Proc centers. !!! My Lawyer is not able to get any status and there is no way for us to check it either. Just sit here and hope our application is there and is being processed !!!! Wonder how much this has affected my career too. ...
quickmouse
Registered Users (C)
srimoorthy said:Hi I am in the same boat as you and so are many more i guess. I understand by now this Stress alone would have caused many health problems for me. Just about I was thinking oh they are processing October 2001 cases (mine was filed in oct 2001), I hear now they are moving everything to Backlog Proc centers. !!! My Lawyer is not able to get any status and there is no way for us to check it either. Just sit here and hope our application is there and is being processed !!!! Wonder how much this has affected my career too. ...
Has your case been moved to regional office? If yes, I am not sure where you heard that they are being moved to BRC. As to my understanding, any case registered in regional DOL tracking system is considered as open case. Therefore they will be processed by regional DOL.
You should call regional DOL to find out if your case has been there or not. By the way, regional DOL is processing July 2004 cases.
krage_2002
Registered Users (C)
news
US&Canada:
GOD_BLESS_YOU has made it clear in the previous reply: "...Accordingly, parallel filing of PERM application and non-PERM application will be blocked by the DOL..."
My understanding is, the DOL will not allow both RIR and PERM applications to be filed on the same position and same beneficiary. RIR case should be withdrawn first.
Anyone disagree?
Reply With Quote
It seems not to be correct. You may have 2 applications pending but if the latest filed is approved first, you are loosing your filing date - whatever it means. Check this 01/15/2005:Parallel Filing of Conventional and PERM Labor Certification Applications: Issue of Policy
das_go:
My case is from Sept 2001 and i got query in July 2004 . After my lawyer replied to that i see no futher progress.
Anyone with similar problems please post.
My case was sent to NY SESA at the end of August 2001. I called a couple of days ago to my layer who told me that he hadn't been receiving new approved cases for a while. According to him, NY work had slowed down considerably and advised to file for PERM which would be faster.
US&Canada:
GOD_BLESS_YOU has made it clear in the previous reply: "...Accordingly, parallel filing of PERM application and non-PERM application will be blocked by the DOL..."
My understanding is, the DOL will not allow both RIR and PERM applications to be filed on the same position and same beneficiary. RIR case should be withdrawn first.
Anyone disagree?
Reply With Quote
It seems not to be correct. You may have 2 applications pending but if the latest filed is approved first, you are loosing your filing date - whatever it means. Check this 01/15/2005:Parallel Filing of Conventional and PERM Labor Certification Applications: Issue of Policy
das_go:
My case is from Sept 2001 and i got query in July 2004 . After my lawyer replied to that i see no futher progress.
Anyone with similar problems please post.
My case was sent to NY SESA at the end of August 2001. I called a couple of days ago to my layer who told me that he hadn't been receiving new approved cases for a while. According to him, NY work had slowed down considerably and advised to file for PERM which would be faster.
JustWatching
Registered Users (C)
NY SWA Message Updated
Called 212-621-9330...
As of January 2005, RIR processing October 2001 cases.
No mention of backlog cases or anything like that.
Called 212-621-9330...
As of January 2005, RIR processing October 2001 cases.
No mention of backlog cases or anything like that.
Got Inquiry in June/July and No Repsonse Yet
Please see my post. I have similar situation.
das_go said:My case is from Sept 2001 and i got query in July 2004 . After my lawyer replied to that i see no futher progress.
Anyone with similar problems please post.
Please see my post. I have similar situation.
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