New York SESA Tracker

[VOYAGER_99]

to be honest i dont know the right answer but in my opinion , they will not allow people to do the thigs double even employer b , c , d, z doesnt matter. Matter is they dont want back log anymore. If they let people to do double it is going to be another backlog. actually now we r the unwanted babies in lc. we r old, ugly and about to die because of waiting
I guess even you file double they will find you and withdrawn the old one. My opinion just an idea nothing definate.

My Case is a little different

Old LC where Employee A is working for Employer A is at Backlog Reduction Centre.

If you submit PERM for Employee A through Employer B( Employee A has not joined Employer B, still working for Employer A). PERM was filed under future employment.

Employee A continues to work for Employer A. If PERM through Employer B gets rejected, will it effect Employee A's LC at the backlog reduction centre?

Thanks.

 

[JustWatching]

Q & A

Hi Just watching,

"If you submit PERM for Employee A working for Employer A then, old LC will be withdrawn by you, if not DOL will do it for you."

How authentic this information is?

My employer is going to file a PERM for me next week while I already had old lC with this employer. Does this mean that DOL will withdraw automatically?

My lawyer said that you can proceed with to file PERM, Is that not a good decision?

Well until yesterday morning, I would have said "VERY AUTHENTIC"

Here are the facts:

In a PERM briefing done by DOL back in January.
Go to this link: http://www.usimmigration.net/images/Perm_Briefing_1-11-05_Chicago.pdf

Look at slide #7. It clearly states "refile is considered a withdrawal"

Yesterday, in the DOL website FAQ II was posted regarding PERM.

It states:

"Only if an employer chooses to withdraw an earlier application and refile the application for the identical job opportunity under the refile provisions of PERM will previously filed application be processed under the PERM regulation"

Now immigration-law.com interpretation is:

"One question which the backlog filers have been anxiously awaiting was the affect of a new PERM filing on the pending cases in the Backlog Processing Centers. Some of them were reluctant to file a new application under the PERM program for fear that their pending applications might be considered automatically withdrawn or denied. However, the release of Q&A II has made clear that unless the PERM filers chose to withdraw by filing of the PERM applications, the pending cases at the Backlog Processing Centers will be processed without being affected by such filing. This policy is thus likely to spur filing of new applications by those whose pre-PERM applications have been pending as these cases may not be affected by the new PERM application regardless of the outcome of the decision of the PERM applications."

My opinion

Is that immigration-law is stretching the truth. What I would now say is the following:

If under PERM, you flag (there is a box in the application) the REFILE box your case will DEFINITELY be withdrawn from the Backlog Center. This is the only way you can attempt to maintain your PD in your PERM application.

What I am now wondering is:

If you file PERM, without stating it is a REFILED case, i.e. your PD is the day you file your PERM case then it seems like it may be possible to keep both your old LC in processing and the new PERM application.

However, I wouldn't agree with immigration-law in saying this is "clear", I think this is still somewhat speculation.

Share this information with you lawyer and see what he has to say.

 

[JustWatching]

My Case is a little different

Old LC where Employee A is working for Employer A is at Backlog Reduction Centre.

If you submit PERM for Employee A through Employer B( Employee A has not joined Employer B, still working for Employer A). PERM was filed under future employment.

Employee A continues to work for Employer A. If PERM through Employer B gets rejected, will it effect Employee A's LC at the backlog reduction centre?

Thanks.

Two reasons why I think the answer to this question is "YES"

1) In pre-PERM world this was allowed.

2) PERM applications are employer applications not employee applications. This means that two separate employers can submit PERM applications even if it is for the same employee.

 

[maliklongwait]

Well until yesterday morning, I would have said "VERY AUTHENTIC"

Here are the facts:

In a PERM briefing done by DOL back in January.
Go to this link: http://www.usimmigration.net/images/Perm_Briefing_1-11-05_Chicago.pdf

Look at slide #7. It clearly states "refile is considered a withdrawal"

Yesterday, in the DOL website FAQ II was posted regarding PERM.

It states:

"Only if an employer chooses to withdraw an earlier application and refile the application for the identical job opportunity under the refile provisions of PERM will previously filed application be processed under the PERM regulation"

Now immigration-law.com interpretation is:

"One question which the backlog filers have been anxiously awaiting was the affect of a new PERM filing on the pending cases in the Backlog Processing Centers. Some of them were reluctant to file a new application under the PERM program for fear that their pending applications might be considered automatically withdrawn or denied. However, the release of Q&A II has made clear that unless the PERM filers chose to withdraw by filing of the PERM applications, the pending cases at the Backlog Processing Centers will be processed without being affected by such filing. This policy is thus likely to spur filing of new applications by those whose pre-PERM applications have been pending as these cases may not be affected by the new PERM application regardless of the outcome of the decision of the PERM applications."

My opinion

Is that immigration-law is stretching the truth. What I would now say is the following:

If under PERM, you flag (there is a box in the application) the REFILE box your case will DEFINITELY be withdrawn from the Backlog Center. This is the only way you can attempt to maintain your PD in your PERM application.

What I am now wondering is:

If you file PERM, without stating it is a REFILED case, i.e. your PD is the day you file your PERM case then it seems like it may be possible to keep both your old LC in processing and the new PERM application.

However, I wouldn't agree with immigration-law in saying this is "clear", I think this is still somewhat speculation.

Share this information with you lawyer and see what he has to say.

Thanks a lot for your detailed response.

 

[ahalem]

Hello Just Watching,

Please check this thread:
http://boards.immigrationportal.com/showthread.php?t=161369&page=4

RahulatDC got RIR case with PD :10/2002 (Virginia), He got his 45 letter in Jan and approved in 2nd week of march. I am really confuse about the policy of the queue. that does not look like FIFO at all.

FIFO will be based on the PD.

So whether there is 1,2,4 queues, whichever queue you end up it will be sorted by PD.

The significance of the 45-day letter is two-fold:

1) You don't get to "stand in line" until you have responded.

2) It attempts to clean the application so when it reaches processing, it actually can be processed.

 

[JustWatching]

Hello Just Watching,

Please check this thread:
http://boards.immigrationportal.com/showthread.php?t=161369&page=4

RahulatDC got RIR case with PD :10/2002 (Virginia), He got his 45 letter in Jan and approved in 2nd week of march. I am really confuse about the policy of the queue. that does not look like FIFO at all.

No it doesn't but it could very well be cases they are using for training.

I wouldn't worry too much until they start approving cases regularly.

 

[ahalem]

Do you think this will start at the end of the summer or very soon ?

No it doesn't but it could very well be cases they are using for training.

I wouldn't worry too much until they start approving cases regularly.

 

[dev10]

well, atleast one good news is that they dont take loooooong time between 45 days letter and approval.

 

[dev10]

question federal labor

this might sound too basic or even dumb question, but will BRC process both state and federal labor or we are once again in another line for federal labor?

if you check the processing times for the federal labor - http://www.immigration.com/processing-times/dol.html - it says "Cases shipped to BC" for some ROs while NY has dates for it. Another weird thing is that the date for RIR is 06/2004 while that for Non-RIR is 08/2004

 

[JustWatching]

this might sound too basic or even dumb question, but will BRC process both state and federal labor or we are once again in another line for federal labor?

if you check the processing times for the federal labor - http://www.immigration.com/processing-times/dol.html - it says "Cases shipped to BC" for some ROs while NY has dates for it. Another weird thing is that the date for RIR is 06/2004 while that for Non-RIR is 08/2004

BRC will replace both state and Federal.

The reason there are dates for NY DOL is NY DOL cases will not be transferred to BRC, they will be processed there.

ahalem - Didn't ignore your question. I just don't know the answer.

 

[ahalem]

I appreciate your honest answer ...

I am seeing activity on the other forums about sending letters as we did last year, I wonder if it help but I doubt since they already have a plan and they will stick to it , It might take them more time to improve the process , like the situation we have now !!!

BRC will replace both state and Federal.

The reason there are dates for NY DOL is NY DOL cases will not be transferred to BRC, they will be processed there.

ahalem - Didn't ignore your question. I just don't know the answer.

 

[dev10]

BRC will replace both state and Federal.

The reason there are dates for NY DOL is NY DOL cases will not be transferred to BRC, they will be processed there.

ahalem - Didn't ignore your question. I just don't know the answer.

Thx for your reply.

so we are double screwed, first because of fifo injustice and then NY DOL

 

[JustWatching]

I appreciate your honest answer ...

I am seeing activity on the other forums about sending letters as we did last year, I wonder if it help but I doubt since they already have a plan and they will stick to it , It might take them more time to improve the process , like the situation we have now !!!

I actually drafted one of the letters but to be honest with you I don't think we can create change fast enough for it to matter...

 

[jammed]

Situation is same

Hi everyone,
my LC was filed Oct 11th 2001 (RIR). Since then, it's still the same story (sect 245i loves april 2001).

My facts are these :
- I get processing times from this website : http://workforcesecurity.doleta.gov/foreign/times.asp
which means that RIR cases are still stuck in apr 2001.
- This phone # (212) 621-9330 hasn't been updated since aug 2003
- some people that filed in may01 under RIR have already been approved (I only heard of them in this forum. I'm not being skeptic but simply precise as to where the info is coming from)
- As of last week, my lawyer hasn't heard of any news regarding LC backlogs.

I personally think (hope ?) that 2004 will be the year where all this backlog clears up, mainly because :
- the past 7 months have seen jobless claims trend considerably lower
- this is an election year, and even though non-residents can't vote, past presidential campains have always had a supportive speach towards immigration issues.

Let's keep a positive attitude and hope for a clearer situation for all of us.

I filed in Sept 01 RIR EB3 from NY. To this date no news and no letters whatsoever. I hear no info from my lawyers office.....They hear nothing even on status emails sent out to the department.
Guys suggest next action and join me in the group of waitlists.
Thanks
jammed

 

[USCISisMockery]

I filed in Sept 01 RIR EB3 from NY. To this date no news and no letters whatsoever. I hear no info from my lawyers office.....They hear nothing even on status emails sent out to the department.
Guys suggest next action and join me in the group of waitlists.
Thanks
jammed

take action, see my signature.

 

[Oberton]

BAD NEWS FROM SHUSTERMAN.COM (NEWS TICKER).

"The Department of State has released the May 2005 Visa Bulletin.

The 3rd employment based category (professionals and skilled workers) for persons born in India, China and the Philipines is scheduled advanced two months to June 1, 2002. The worldwide EB-3 category remains current.

The State Department predicts (and we agree) that the EB-2, and possibly the EB-1. categories for India and China will retrogress in the fiscal year which begins on October 1, 2005.

it is important, therefore, that Indian and Chinese physicians and other advanced-degreed professionals apply for PERM or directly for for you are in H1-B status, and have a labor certification which will be pending for over one year before your present status expires, remember that you will be eligible for H-1B extensions beyound your 6th year."
______
it means that many of us will wait in another backlog after labor certification clearance...

 

[Rajel]

Jammed,
Although I don't know the exact cut-off date for LCs sent to BEC, I suspect it might have been mid october 2001. That means your LC is probably at NY Regional (you should call them yourself and inquire).
As for me (and the others), I'm still waiting for the 45d letter and it looks like they suddenly stopped sending them (after a relatively smooth and encouraging first round of distribution).

1276 days and still counting...

 

[jammed]

Thanks

Thanks for the response....I will update any news i get or hear. Lets hope things turn around much quicker than we all think. I am sure and confident that it will happen this year hopefully.
Good luck and smiles!

Jammed

 

[j_ha]

No more 45 day letters?

Dear All,

I have been watching this website for quite a while but I finally decided to join in your conversation. Afterall, I am not the only one who is sufffering. Looks like the 45 day letter movement has been stopped for a while. Do you guys know what is happening with this letter?

My PD is 2/28 or 3/1/02. ( My lawyer mailed it on 2/27/02). I do not have any receipt confrimation or anything. I assume that the department has my fedex envelope. I am just hoping that they did not lose my envelope in the middle of all of these changes. I would have no way to track my envelope if they lost mine. That is why I would like to see 45 day letter so much, at least I would know that they have mine. At this point, I do not even sure if they have my package and mentally, I am not even sure if I applied for labor cert. It is hard to wait not knowing if they have my envelope.

Do you know anything about 45 day letter and do you have any idea on what to do if you do not receive the letter (meaning if they lost your package)?

Thank you,

JH.

 

[mudra1234]

april 2001 - non-rir application

recived 45 day response letter

SWA-NY-PD: April 30, 2001
rcvd: 45 day ltr on April 15, 2005

don't lose hopes guys.

its happening.

any ideas how non-rir cases are goign to be handled????? I mena the advertisig process.

many thanks
MUD