JustWatching
Registered Users (C)
LoveNY said:
T's do get converted to P or Ds eventually, once data entry has been QC'd.
New York SESA Tracker
- Thread starter loveusa03
- Start date
- Status
T's do get converted to P or Ds eventually, once data entry has been QC'd.
JustWatching said:
I found out couple of weeks ago that my labor was priroty mailed on Nov 13, so I am guessing they received it on Nov 14 and thats the PD for my case. Is my guess right or the take some day before they actually stamp the application?
Thanks again
INSSucksBigTime
New Member
PD Feb, 2002
Reply from status@DAL.DFLC.US after a whole week. Guess still have to wait another 3 months or so. But at least we get a way to check the status now.
==========================================================
February 25, 2005
Dear Requestor:
The purpose of this letter is to acknowledge your request regarding the status of the above-referenced case.
The new case number is: NOT YET ASSIGNED
The above-referenced case has been transferred to one of the Division of Foreign Labor Certification’s Backlog Processing Centers. At this time, we are unable to provide any additional status information on Permanent Labor Certifications. All Processing Center files are in the process of being transferred into a new database. Once the data entry process is completed, a 45-day letter will be issued on all applications and additional information will be requested from the employer if needed.
Please do not request additional status information for at least 90 days after responding to the 45-day letter.
Sincerely,
DFLC Backlog Processing Center
This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and are hereby notified that any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited.
Reply from status@DAL.DFLC.US after a whole week. Guess still have to wait another 3 months or so. But at least we get a way to check the status now.
==========================================================
February 25, 2005
Dear Requestor:
The purpose of this letter is to acknowledge your request regarding the status of the above-referenced case.
The new case number is: NOT YET ASSIGNED
The above-referenced case has been transferred to one of the Division of Foreign Labor Certification’s Backlog Processing Centers. At this time, we are unable to provide any additional status information on Permanent Labor Certifications. All Processing Center files are in the process of being transferred into a new database. Once the data entry process is completed, a 45-day letter will be issued on all applications and additional information will be requested from the employer if needed.
Please do not request additional status information for at least 90 days after responding to the 45-day letter.
Sincerely,
DFLC Backlog Processing Center
This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and are hereby notified that any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited.
Thanks for the Clarification
So what if i am indian origin what and how will it effect, how will i lose my PD if am filling in perm?
I filled my Labour Certicifaction just one month after yours and it was from New York.
What will be my PD .
Please let me know.
Best Regards
Hello Justwatching:JustWatching said:
So what if i am indian origin what and how will it effect, how will i lose my PD if am filling in perm?
I filled my Labour Certicifaction just one month after yours and it was from New York.
What will be my PD .
Please let me know.
Best Regards
JustWatching
Registered Users (C)
ariesny1 said:
You are probably right. And it now seems we have the same PD
JustWatching
Registered Users (C)
saburi said:
You need to have been born in India, as opposed to being of Indian origin and born in some other country (for example your parents were living in Africa when you were born - then this would not apply).
Right now you can not apply for Adjustment of Status (I-485) unless your PD is March 2002 or earlier (this date will continue to move forward - no one knows how fast) if you were born in India.
You can convert to PERM and try to keep your existing PD. EVERYTHING on your existing LC application needs to match the new PERM application (name, company, job title, job description, addresses, etc.) If for whatever reason they decide that your PERM application is not identical to your original application you lose your PD. Your new PD would be the date you applied for PERM.
If you lose your PD, you would need to wait until visa numbers become available for your new PD. Currently your existing PD is good enough to apply for adjustment of status even if your LC was approved tomorrow.
I sent an email to DFLC on Monday. Today I received their reply stating case number Not yet assigned. It further says the above-referenced case has been transfered to one of the division of foreign labor certification backlog processing center.
I filed from NY RIR EB-2 receipt date 10/26/2001. I have seen even Nov 1,2001 has been assigned case number. Is there anything I should worry about. Justwatching can you please clarify what they mean by case number not assigned but says above referenced case has been transfered to one of the center. Is this standard language or it confirms that my application has been received but case number not yet assigned. I just wanted to make sure that my application has been received.Thanks.
I filed from NY RIR EB-2 receipt date 10/26/2001. I have seen even Nov 1,2001 has been assigned case number. Is there anything I should worry about. Justwatching can you please clarify what they mean by case number not assigned but says above referenced case has been transfered to one of the center. Is this standard language or it confirms that my application has been received but case number not yet assigned. I just wanted to make sure that my application has been received.Thanks.
JustWatching
Registered Users (C)
SSCPANY said:
That's the canned message, it is unclear to me if that really means they actually found the paper case or if it just means that it is not in the system (and they have no clue if the paper is at BEC or not).
We only have a couple new case no.s so I wouldn't worry about it just yet. Give it another month or so.
waitingforgc04
Registered Users (C)
Hey JustWatching,
Since you have been doing an excellent job predicting dates and keeping our hopes alive...what would you guess be the time frame by when we can expect to get Labor Certification cleared (both state and federal) for someone like me with a P.D of Feb'2002.
Thanks for all the work you have done....
Since you have been doing an excellent job predicting dates and keeping our hopes alive...what would you guess be the time frame by when we can expect to get Labor Certification cleared (both state and federal) for someone like me with a P.D of Feb'2002.
Thanks for all the work you have done....
Hey Guys,
I am stuck in my 7th year extension, It was applied on Oct 8th, 2004. My company called Vermont and they said "My FBI clearance is awaited. Case is processed and ready" but Until they receive FBI clearance they will not issue my extension. Is there anything I/My company can here? I planning to call my parents to visit me and this thing is bothering me......
Any Help!!!!
Thanks
EastWest
I am stuck in my 7th year extension, It was applied on Oct 8th, 2004. My company called Vermont and they said "My FBI clearance is awaited. Case is processed and ready" but Until they receive FBI clearance they will not issue my extension. Is there anything I/My company can here? I planning to call my parents to visit me and this thing is bothering me......
Any Help!!!!
Thanks
EastWest
JustWatching
Registered Users (C)
waitingforgc04 said:
My prediction (read guess) for you is late '05, maybe early '06.
However, once we start seeing approvals and determine separation of RIR and Regular cases, it may be earlier (if RIR) than that.
JustWatching
Registered Users (C)
eastwest said:
They do FBI clearance as part of the H1 renewal process.
You / your employer may want to try calling here:
FP check status fbi ph: 304-625-2000
Dept of state . ph: 202-663-1225
Approvals
Anyone got any appovals from NY SESA for cases that got query and you have replied to already ???
My status: Query from NY sesa July 2004 still no update
These guys are waste how much time does it take to ship out boxes and update the cases with query....
Anyone got any appovals from NY SESA for cases that got query and you have replied to already ???
My status: Query from NY sesa July 2004 still no update
These guys are waste how much time does it take to ship out boxes and update the cases with query....
New developments in 140 stage
Guys,
I was on Conf Call with Mr Rajiv Khanna and per latest all the service centers are denying 140 for those who has bachelor's degree requirement in their labor certificates.
-This applies to those who completed bachelors in 3 years and 1 year diploma
Please take proactive steps if you are in the same boat. Contact your attorneys NOW...
Read the attached file.
Thanks
EastWest
Guys,
I was on Conf Call with Mr Rajiv Khanna and per latest all the service centers are denying 140 for those who has bachelor's degree requirement in their labor certificates.
-This applies to those who completed bachelors in 3 years and 1 year diploma
Please take proactive steps if you are in the same boat. Contact your attorneys NOW...
Read the attached file.
Thanks
EastWest
srimoorthy
Registered Users (C)
Eastwest, thanks for the info though its a terrible bad news for some of us 
i have no idea whats going to happen to me, i was beginning to see some light after 3 and a half years !!! guess i better start packing
i have no idea whats going to happen to me, i was beginning to see some light after 3 and a half years !!! guess i better start packingNo one knows what will happen when the time come to process your and our cases, so do not worry , it will be fine.
srimoorthy said:Eastwest, thanks for the info though its a terrible bad news for some of us
I-140
EB 2 is a problem but EB 3 should be ok if you have the required experience with the bachelors degree. Below is the post from murthy.com:
Murthy Takes Action : Education Abroad and I-140s
Posted May 02, 2003
The Law Office of Sheela Murthy has obtained information that may prove helpful to many whose I-140 petitions are pending with the BCIS or those whose I-140s were previously denied, because of the absence of a four-year degree from a foreign university. Attorneys in our firm took the initiative to contact the INS/BCIS (Service) and we have now obtained a favorable interpretation from the Service in the form of a letter opinion received by our law firm. We recently were granted permission to release a January 7, 2003 INS (now BCIS) letter defining the term "a foreign equivalent degree" for purposes of the employment-based second preference category (EB2) or employment-based third preference (EB3) category. The need for clarification arose because the EB2 category is for members of the professions holding advanced degrees or persons of exceptional ability. The advanced degree is defined as a U.S. academic or professional degree or a "foreign equivalent degree" beyond that of a baccalaureate. Also included in the EB2 and EB3 categories are individuals with baccalaureate degrees or "foreign equivalent degrees" and, in the case of the EB2, the education is followed by at least five years of progressive experience. In the latter situation, the bachelor's degree (or foreign equivalent) plus five years of relevant experience is deemed equivalent to an advanced degree.
Some BCIS officers and Service Centers were interpreting the phrase "a foreign equivalent degree" in the EB2 / EB3 context to be exclusively limited to situations in which single degrees were issued that were equivalent to the U.S. baccalaureate degree. This would disqualify many individuals who held a combination of degrees or Diplomas or other certifications that, taken together, equaled the requirement of a U.S. degree. Efren Hernandez III, then INS Director, Business and Trade Services, clarified that the term "degree" is not limited only to cases in which one has a single degree from a single educational institution. For example, a person with a three-year degree in mathematics from a university in India and a one-year diploma in computer science from a vocational institution who is found by an accredited evaluations company to have the equivalent of a 4-year computer science degree from an accredited university in the U.S. now may obtain the I-140 petition approval. In the last two or three years we have seen the INS/BCIS deny such cases. We now learn that, based on the efforts of The Law Office of Sheela Murthy, the educational requirement on the labor certification forms may be satisfied with the combined studies from several institutions, as long as that education is assessed by a credentials evaluation service and found to be equivalent to a U.S. degree.
Mr. Hernandez also clarified that the five years of experience may be accrued either in the U.S. or abroad. However, for this requirement an actual baccalaureate degree or its foreign equivalent is required. Unlike some other provisions of U.S. immigration law, it is not possible in this case to substitute experience for education in order to meet the baccalaureate degree requirement.
This clarification will benefit many who have experienced problems or denials due to the nature of their educational credentials. This letter should be very helpful in obtaining approvals for those who are now eligible. We saw approvals soon after our Office obtained this opinion letter from Mr. Hernandez. We thank Mr. Hernandez for his willingness to clarify this important issue for our law firm. It can now benefit our clients as well as thousands of other eligible professionals in obtaining I-140 approvals in the appropriate category from BCIS based, on their education from different educational institutions.
srimoorthy said:Eastwest, thanks for the info though its a terrible bad news for some of us
EB 2 is a problem but EB 3 should be ok if you have the required experience with the bachelors degree. Below is the post from murthy.com:
Murthy Takes Action : Education Abroad and I-140s
Posted May 02, 2003
The Law Office of Sheela Murthy has obtained information that may prove helpful to many whose I-140 petitions are pending with the BCIS or those whose I-140s were previously denied, because of the absence of a four-year degree from a foreign university. Attorneys in our firm took the initiative to contact the INS/BCIS (Service) and we have now obtained a favorable interpretation from the Service in the form of a letter opinion received by our law firm. We recently were granted permission to release a January 7, 2003 INS (now BCIS) letter defining the term "a foreign equivalent degree" for purposes of the employment-based second preference category (EB2) or employment-based third preference (EB3) category. The need for clarification arose because the EB2 category is for members of the professions holding advanced degrees or persons of exceptional ability. The advanced degree is defined as a U.S. academic or professional degree or a "foreign equivalent degree" beyond that of a baccalaureate. Also included in the EB2 and EB3 categories are individuals with baccalaureate degrees or "foreign equivalent degrees" and, in the case of the EB2, the education is followed by at least five years of progressive experience. In the latter situation, the bachelor's degree (or foreign equivalent) plus five years of relevant experience is deemed equivalent to an advanced degree.
Some BCIS officers and Service Centers were interpreting the phrase "a foreign equivalent degree" in the EB2 / EB3 context to be exclusively limited to situations in which single degrees were issued that were equivalent to the U.S. baccalaureate degree. This would disqualify many individuals who held a combination of degrees or Diplomas or other certifications that, taken together, equaled the requirement of a U.S. degree. Efren Hernandez III, then INS Director, Business and Trade Services, clarified that the term "degree" is not limited only to cases in which one has a single degree from a single educational institution. For example, a person with a three-year degree in mathematics from a university in India and a one-year diploma in computer science from a vocational institution who is found by an accredited evaluations company to have the equivalent of a 4-year computer science degree from an accredited university in the U.S. now may obtain the I-140 petition approval. In the last two or three years we have seen the INS/BCIS deny such cases. We now learn that, based on the efforts of The Law Office of Sheela Murthy, the educational requirement on the labor certification forms may be satisfied with the combined studies from several institutions, as long as that education is assessed by a credentials evaluation service and found to be equivalent to a U.S. degree.
Mr. Hernandez also clarified that the five years of experience may be accrued either in the U.S. or abroad. However, for this requirement an actual baccalaureate degree or its foreign equivalent is required. Unlike some other provisions of U.S. immigration law, it is not possible in this case to substitute experience for education in order to meet the baccalaureate degree requirement.
This clarification will benefit many who have experienced problems or denials due to the nature of their educational credentials. This letter should be very helpful in obtaining approvals for those who are now eligible. We saw approvals soon after our Office obtained this opinion letter from Mr. Hernandez. We thank Mr. Hernandez for his willingness to clarify this important issue for our law firm. It can now benefit our clients as well as thousands of other eligible professionals in obtaining I-140 approvals in the appropriate category from BCIS based, on their education from different educational institutions.
only soultion is to file a case against INS
This is the feedback I got from Attorney Rajiv Khanna.
As per him
- CIS officers doesn't consider Efren Hernandez report
- Filing MTR/appeal is wastage of time and money and success is highly unlikely
- There is no movement from AILA or any other immigration attorneys' assoiciation to protect us from this disaster. Even then the rejection bounces back to there ignorance
- He is ready to handle the case, if somebody wants to file a lawsuit against INS for 140 denial
Only Option :
If LC is not approved yet :
As eastwest mentioned talk to your attorney and make amendment to the labor which can protect you
If LC is approved :
Then its your hard luck. File new LC, if you have time.
This is the feedback I got from Attorney Rajiv Khanna.
As per him
- CIS officers doesn't consider Efren Hernandez report
- Filing MTR/appeal is wastage of time and money and success is highly unlikely
- There is no movement from AILA or any other immigration attorneys' assoiciation to protect us from this disaster. Even then the rejection bounces back to there ignorance
- He is ready to handle the case, if somebody wants to file a lawsuit against INS for 140 denial
Only Option :
If LC is not approved yet :
As eastwest mentioned talk to your attorney and make amendment to the labor which can protect you
If LC is approved :
Then its your hard luck. File new LC, if you have time.
waitingforgc04
Registered Users (C)
45-Day Letter
Guys:
Has anyone received the 45-day letter yet...?
Any estimate (JustWatching) when we can start getting these letters..?
Things look slow...
Any idea what impact will PERM have on ppl like us waiting for over 3 yrs to get out Labor cleared..??
Good Luck..
----------------
PD Feb'15'2002
Guys:
Has anyone received the 45-day letter yet...?
Any estimate (JustWatching) when we can start getting these letters..?
Things look slow...
Any idea what impact will PERM have on ppl like us waiting for over 3 yrs to get out Labor cleared..??
Good Luck..
----------------
PD Feb'15'2002
- Status