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New York SESA Tracker
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JustWatching said:Thanks for the update.
I have a question for you. The only way they can give you a NEW case no. is if they entered your case into the system but you say that it wasn't entered yet? Can you clarify?
And now that you have posted your case no. May 3rd is actually the date your case was entered to the system.
It s a good concern and i think if they have entered my case then they might have issued the 45 day letter also.
i will be calling my lawyer to see if they have got one.
Best Regards
Backlog Processing Centers - May 2005 Update
We at The Law Office of Sheela Murthy recently received an update on the operations and progress being made at the U.S. Department of Labor (DOL) Backlog Processing Centers (BPCs) located near Philadelphia and in Dallas. The latest information on the BPCs came from the DOL at an American Immigration Lawyers Association (AILA) meeting in Washington DC on Monday, May 23, 2005. In attendance were many of the attorneys from our Office and senior DOL officials, including Mr. William Carlson, Chief of the Foreign Labor Certification Unit, and Mr. Bill Raybung, who is in charge of the BPC operations, among others.
This article focuses on the progress of the BPCs in an attempt to enlighten the many people who are in the dark with regard to what is going on with their LC cases that were filed and have been pending for a couple of years or even longer.
Number of Cases at BPCs
The DOL originally anticipated receiving 300,000 labor certification cases from the states and DOL regions to the BPCs. The number has actually reached at least 340,000, due to a large number of unexpected filings made between January 1, 2005 and March 27, 2005. During that period, there were approximately 40,000 labor certification cases filed under the previous, non-PERM system in order to qualify before that option expired. The DOL reports that there are still a small number of cases at the DOL Regional Offices in Boston, New York, Denver, and San Francisco, but that these offices are winding down and just working on select cases. These cases will likely be closed by the end of the calendar year 2005. This is consistent with the receipt of a few case approvals that came to The Law Office of Sheela Murthy from the San Francisco Regional Office after the BPCs were established. The DOL will send a final "last call letter" to each state to make sure that all cases been forwarded to the BPCs.
In the meeting, the DOL stated that BPCs are continuing to increase their productivity and the numbers of cases where action has been completed. We note that, to date, our Office has not received a single case adjudication from either of the BPCs. An informal survey of other AILA members present at that May 23, 2005 meeting confirmed this as a similar experience.
45-Day Letters Not in FIFO Order, nor Even by State
As of May 23, 2005, the BPCs had entered about half of the cases into their system. The rest of the cases are still in boxes, waiting to be entered. In an attempt to create some record of each case, the DOL has hired more staff to do an abbreviated data entry. These cases will be given temporary identifications so that the BPCs can confirm whether a case is in the Dallas or Philadelphia center. Though states were instructed to send cases in First-In / First-Out (FIFO) order, some states were unable to do so. Therefore, it is possible that a case filed in a particular state in 2004 may received the 45-day letter from the BPC before a case that was filed in the same state in 2002. The DOL will attempt to provide more information on their website regarding exactly when BPCs received cases from the states and the date ranges of the shipments that they received.
Completed Cases and Errors in Closing Cases
To date, the BPCs have completed action on 12,000 cases. This figure, however, includes cases on which they have received voluntary withdrawals in response to the 45-day letters to employers requesting verification of continued interest in pursuing the case. It also includes cases that were otherwise closed due to, for example, non-receipt of response to the 45-day letters.
There was a rather vigorous discussion about the many cases where either the employer or the attorney had submitted responses to the 45-day letters but the DOL had closed the case in error for failure to respond! Many attorneys voiced their concerns about the problems surrounding this issue. The DOL has not devised an efficient system for fixing this matter, particularly for obtaining proof that the case has been reopened, much to the frustration of all parties concerned. The DOL indicated that the sending of these "closed" letters was a computer glitch and stated that, if proof of the response to the 45-day letter is sent, the case will be "reset" and a letter will be issued to that effect. This reopening will not change the priority date. It is certainly hoped that this problem with the DOL will discontinue, that previously erroneously closed cases will be reopened without difficulty, and that systems will be put into place so that proof of the reopening will be sent in an efficient manner to the employer and the attorney. Given this issue, the number of completed cases may be overstated.
Faster and Better Service Anticipated
The DOL reported that their weekly production rates and IT systems are improving. DOL is also working with the USCIS to determine acceptable proof that a labor certification has been filed in order for USCIS to grant one-year incremental extensions of H1B status to qualified persons who filed labor certifications more than 365 days prior. This is additional critical and time-sensitive evidence that the DOL is required to provide so that the USCIS may approve H1B extensions for eligible H1B employees. Recently, the DOL confirmed that, if the employer is able to provide certain details, like the employer and employee name and the date and state where the labor certification was originally filed, the DOL should be able to provide the necessary evidence to enable an employer to file the annual incremental H1B extension. They may even work out a system of posting certain information on the DOL website that would be acceptable to the USCIS in this regard.
Conclusion
We thank Bill Raybung at the DOL for the update and insights on the BPC operations. Of course, there are concerns over the fact that half the cases remain untouched, without data entry having been started and with no way of confirming their locations. We look forward to the time when the BPC will be able to perform its function and purpose of clearing out the backlog of previously filed labor certification cases at the earliest, but are pleased that the BPCs appear be reaching the point where work on case adjudications has begun.
© 2005, The Law Office of Sheela Murthy, P.C. All Rights Reserved
. . . . . . . . . . . . . .
2. PERM Approvals
At a May 23, 2005 American Immigration Lawyers Association (AILA) meeting in the District of Columbia, U.S. Department of Labor (DOL) officials announced that they had begun approving PERM labor certifications earlier that very day. According to the DOL, the first approval was issued from the Chicago PERM processing center on May 23, 2005. The Atlanta PERM center followed with its first approval/s the following day.
This report of the first PERM approvals has been confirmed by some pleased attorneys. The cases are being processed well within the stated processing timeframes; a significant relief and improvement over the initial experiences with the PERM system. For approximately the first month of PERM, cases were not making it through the decision matrix in order to receive a substantive decision. Those filing cases encountered a variety of problems, causing them to be rejected or denied within minutes of filing, without undergoing a substantive review. The DOL, through William Carlson, Chief, Foreign Labor Certification Unit for the DOL, has acknowledged that there were glitches in the system that needed to be rectified.
According to DOL, since the PERM system began, March 28, 2005, approximately 15,000 employers have registered to file labor certification cases through the PERM system. As of the May 23rd meeting, a total of 3700 individual cases were in the system, either as saved draft applications or in other various stages. DOL acknowledges, however, that some of these could be duplicates. We at The Law Office of Sheela Murthy will keep MurthyDotCom and MurthyBulletin readers updated on PERM details as they become available.
We at The Law Office of Sheela Murthy recently received an update on the operations and progress being made at the U.S. Department of Labor (DOL) Backlog Processing Centers (BPCs) located near Philadelphia and in Dallas. The latest information on the BPCs came from the DOL at an American Immigration Lawyers Association (AILA) meeting in Washington DC on Monday, May 23, 2005. In attendance were many of the attorneys from our Office and senior DOL officials, including Mr. William Carlson, Chief of the Foreign Labor Certification Unit, and Mr. Bill Raybung, who is in charge of the BPC operations, among others.
This article focuses on the progress of the BPCs in an attempt to enlighten the many people who are in the dark with regard to what is going on with their LC cases that were filed and have been pending for a couple of years or even longer.
Number of Cases at BPCs
The DOL originally anticipated receiving 300,000 labor certification cases from the states and DOL regions to the BPCs. The number has actually reached at least 340,000, due to a large number of unexpected filings made between January 1, 2005 and March 27, 2005. During that period, there were approximately 40,000 labor certification cases filed under the previous, non-PERM system in order to qualify before that option expired. The DOL reports that there are still a small number of cases at the DOL Regional Offices in Boston, New York, Denver, and San Francisco, but that these offices are winding down and just working on select cases. These cases will likely be closed by the end of the calendar year 2005. This is consistent with the receipt of a few case approvals that came to The Law Office of Sheela Murthy from the San Francisco Regional Office after the BPCs were established. The DOL will send a final "last call letter" to each state to make sure that all cases been forwarded to the BPCs.
In the meeting, the DOL stated that BPCs are continuing to increase their productivity and the numbers of cases where action has been completed. We note that, to date, our Office has not received a single case adjudication from either of the BPCs. An informal survey of other AILA members present at that May 23, 2005 meeting confirmed this as a similar experience.
45-Day Letters Not in FIFO Order, nor Even by State
As of May 23, 2005, the BPCs had entered about half of the cases into their system. The rest of the cases are still in boxes, waiting to be entered. In an attempt to create some record of each case, the DOL has hired more staff to do an abbreviated data entry. These cases will be given temporary identifications so that the BPCs can confirm whether a case is in the Dallas or Philadelphia center. Though states were instructed to send cases in First-In / First-Out (FIFO) order, some states were unable to do so. Therefore, it is possible that a case filed in a particular state in 2004 may received the 45-day letter from the BPC before a case that was filed in the same state in 2002. The DOL will attempt to provide more information on their website regarding exactly when BPCs received cases from the states and the date ranges of the shipments that they received.
Completed Cases and Errors in Closing Cases
To date, the BPCs have completed action on 12,000 cases. This figure, however, includes cases on which they have received voluntary withdrawals in response to the 45-day letters to employers requesting verification of continued interest in pursuing the case. It also includes cases that were otherwise closed due to, for example, non-receipt of response to the 45-day letters.
There was a rather vigorous discussion about the many cases where either the employer or the attorney had submitted responses to the 45-day letters but the DOL had closed the case in error for failure to respond! Many attorneys voiced their concerns about the problems surrounding this issue. The DOL has not devised an efficient system for fixing this matter, particularly for obtaining proof that the case has been reopened, much to the frustration of all parties concerned. The DOL indicated that the sending of these "closed" letters was a computer glitch and stated that, if proof of the response to the 45-day letter is sent, the case will be "reset" and a letter will be issued to that effect. This reopening will not change the priority date. It is certainly hoped that this problem with the DOL will discontinue, that previously erroneously closed cases will be reopened without difficulty, and that systems will be put into place so that proof of the reopening will be sent in an efficient manner to the employer and the attorney. Given this issue, the number of completed cases may be overstated.
Faster and Better Service Anticipated
The DOL reported that their weekly production rates and IT systems are improving. DOL is also working with the USCIS to determine acceptable proof that a labor certification has been filed in order for USCIS to grant one-year incremental extensions of H1B status to qualified persons who filed labor certifications more than 365 days prior. This is additional critical and time-sensitive evidence that the DOL is required to provide so that the USCIS may approve H1B extensions for eligible H1B employees. Recently, the DOL confirmed that, if the employer is able to provide certain details, like the employer and employee name and the date and state where the labor certification was originally filed, the DOL should be able to provide the necessary evidence to enable an employer to file the annual incremental H1B extension. They may even work out a system of posting certain information on the DOL website that would be acceptable to the USCIS in this regard.
Conclusion
We thank Bill Raybung at the DOL for the update and insights on the BPC operations. Of course, there are concerns over the fact that half the cases remain untouched, without data entry having been started and with no way of confirming their locations. We look forward to the time when the BPC will be able to perform its function and purpose of clearing out the backlog of previously filed labor certification cases at the earliest, but are pleased that the BPCs appear be reaching the point where work on case adjudications has begun.
© 2005, The Law Office of Sheela Murthy, P.C. All Rights Reserved
. . . . . . . . . . . . . .
2. PERM Approvals
At a May 23, 2005 American Immigration Lawyers Association (AILA) meeting in the District of Columbia, U.S. Department of Labor (DOL) officials announced that they had begun approving PERM labor certifications earlier that very day. According to the DOL, the first approval was issued from the Chicago PERM processing center on May 23, 2005. The Atlanta PERM center followed with its first approval/s the following day.
This report of the first PERM approvals has been confirmed by some pleased attorneys. The cases are being processed well within the stated processing timeframes; a significant relief and improvement over the initial experiences with the PERM system. For approximately the first month of PERM, cases were not making it through the decision matrix in order to receive a substantive decision. Those filing cases encountered a variety of problems, causing them to be rejected or denied within minutes of filing, without undergoing a substantive review. The DOL, through William Carlson, Chief, Foreign Labor Certification Unit for the DOL, has acknowledged that there were glitches in the system that needed to be rectified.
According to DOL, since the PERM system began, March 28, 2005, approximately 15,000 employers have registered to file labor certification cases through the PERM system. As of the May 23rd meeting, a total of 3700 individual cases were in the system, either as saved draft applications or in other various stages. DOL acknowledges, however, that some of these could be duplicates. We at The Law Office of Sheela Murthy will keep MurthyDotCom and MurthyBulletin readers updated on PERM details as they become available.
Am I losing my nerves here, or what?
So, the way I read the post above, it's all a big clusterf*%k, and noone really knows what will happen, when will it happen, and what case will be pulled out of the pile (month-year, RIR/Non RIR). It seems like the only way to ever obtain the perm is to GET THE HELL OUT OF THIS QUEUE, either by applying through PERM or by some other brilliant idea our DOL will come up with.
What really bothers me is that there are so many people that got married just to stay in this country, I always detested that and I never wanted to do it. On the other hand, you have US, a bunch of people who's trying to make decent living out here, and obtain permanent residency NOT BY CHEATING.
I guess nice guys DO finish last.
If there was any justice, they should just take all of us still employed, check us ONLY for security clearance, and approve us all.
So, the way I read the post above, it's all a big clusterf*%k, and noone really knows what will happen, when will it happen, and what case will be pulled out of the pile (month-year, RIR/Non RIR). It seems like the only way to ever obtain the perm is to GET THE HELL OUT OF THIS QUEUE, either by applying through PERM or by some other brilliant idea our DOL will come up with.
What really bothers me is that there are so many people that got married just to stay in this country, I always detested that and I never wanted to do it. On the other hand, you have US, a bunch of people who's trying to make decent living out here, and obtain permanent residency NOT BY CHEATING.
I guess nice guys DO finish last.
If there was any justice, they should just take all of us still employed, check us ONLY for security clearance, and approve us all.
How to find out Priority Date?
Guys,
I am refiling my RIR using PERM, and I need to put my RIR Priority Date in the new form. My former laywer told me he mailed my application on Oct. 1, 2002, but there was no receipt from NY DOL. How can I find out my Priority Date? Please help, I need it right now.
Thanks in advance.
Guys,
I am refiling my RIR using PERM, and I need to put my RIR Priority Date in the new form. My former laywer told me he mailed my application on Oct. 1, 2002, but there was no receipt from NY DOL. How can I find out my Priority Date? Please help, I need it right now.
Thanks in advance.
zgubi said:I realize this might be misplaced, but maybe some of you have knowledge about this: A friend of mine has green card (lucky him), but his passport expired. can he go to Canada by car, enter Canada and come back to the US with ONLY his greencard?
thanks
Yes, he can enter US from Canada only on his greencard. I went to Canada few months back with my brother who has a green card and on our way back he only had to show to his green card.
I would say it would be safer to renew passport before travel unless you really need to travel urgently and have no time to renew.zgubi said:I realize this might be misplaced, but maybe some of you have knowledge about this: A friend of mine has green card (lucky him), but his passport expired. can he go to Canada by car, enter Canada and come back to the US with ONLY his greencard?
thanks
lamba intjaar
Registered Users (C)
LC Dilemma
I have kind of same situation here. My LC is pending with current employer since Dec 2003 and while renewing my VISA, my company's lawyer requested full 3 year approval and out of which last one year would be counted as my 7th year extension. I got it approved. But now my company is not doing that well and I would like to join some other company before I get laid off. My questions are
1. Can the new employer ask for the same period as my existing H1-B which is valid for next 2+ years (last one year will be 7th year)?
2. Can I continue the same LC which is filed by my present employer or can I use the same priority date while filing new LC with new employer?
3. If I need to file new LC, will I be able to get 7th year extension based on that since I am running in my 6th year already and my LC will not be pending for 365 days until I finish my 6 years.
Please help me by choosing the right direction.
LI
justdoit said:You have to first apply for 1 yr extension thru the new company based on pending labor from current employer and then you can join. (You cannot join and then apply for H1 xtension). So the answer is YES.
But make sure your current employer continues your labor application or else you wont be able to get future extensions. Or else file fresh labor thru new employer first, then apply for 1 yr extension thru new employer - this way you will not be dependent on labor filed thru current employer for future extensions.
I have kind of same situation here. My LC is pending with current employer since Dec 2003 and while renewing my VISA, my company's lawyer requested full 3 year approval and out of which last one year would be counted as my 7th year extension. I got it approved. But now my company is not doing that well and I would like to join some other company before I get laid off. My questions are
1. Can the new employer ask for the same period as my existing H1-B which is valid for next 2+ years (last one year will be 7th year)?
2. Can I continue the same LC which is filed by my present employer or can I use the same priority date while filing new LC with new employer?
3. If I need to file new LC, will I be able to get 7th year extension based on that since I am running in my 6th year already and my LC will not be pending for 365 days until I finish my 6 years.
Please help me by choosing the right direction.
LI
when was your PD?
no_light said:I recieved 45 day letter case # P-05122-XXXXX .My lawyer will respond in a week.
Is there anything we can deduce from the case # ?
thnx
Labor Oct 2001
Registered Users (C)
What is your PD
Hi What is your PD
What state you applied from.
Thanks
thnx[/QUOTE]
Hi What is your PD
What state you applied from.
Thanks
thnx[/QUOTE]
no_light said:10/29/2002
Is this another random occurance ?
There are ppl from Oct/Nov 2001 who have not received the 45 Day letters yet !
Suhel said:Is this another random occurance ?
There are ppl from Oct/Nov 2001 who have not received the 45 Day letters yet !
It does look pretty random. Which sucks for me, because my PD is November 01.
I remember there was another random one, I think from 2002 a few weeks ago. Does anyone remember which one?
I have more details in case if it's useful
--- I got my 8th year H1 -premium couple of months back
Maybe when we request the proof filing the DOL scrambles the applications ....just one possibility .
--- also the 45 day letter is dated May 20th and I know only today about it.They gave july 4th as deadline
--- I got my 8th year H1 -premium couple of months back
Maybe when we request the proof filing the DOL scrambles the applications ....just one possibility .
--- also the 45 day letter is dated May 20th and I know only today about it.They gave july 4th as deadline
lamba intjaar
Registered Users (C)
lamba intjaar said:I have kind of same situation here. My LC is pending with current employer since Dec 2003 and while renewing my VISA, my company's lawyer requested full 3 year approval and out of which last one year would be counted as my 7th year extension. I got it approved. But now my company is not doing that well and I would like to join some other company before I get laid off. My questions are
1. Can the new employer ask for the same period as my existing H1-B which is valid for next 2+ years (last one year will be 7th year)?
2. Can I continue the same LC which is filed by my present employer or can I use the same priority date while filing new LC with new employer?
3. If I need to file new LC, will I be able to get 7th year extension based on that since I am running in my 6th year already and my LC will not be pending for 365 days until I finish my 6 years.
Please help me by choosing the right direction.
LI
Can any of the gurus throw some light on my situation?
Thanks.
Re: Labor Certification
My company had applied for my labor from NY in March 2003. Now they are transferring to the NJ office . The question I have is can I use the same labor to file for my I140 (whenever that comes). I work for a multi-national and we would still have a lot of presence in NY.
Thanks.
My company had applied for my labor from NY in March 2003. Now they are transferring to the NJ office . The question I have is can I use the same labor to file for my I140 (whenever that comes). I work for a multi-national and we would still have a lot of presence in NY.
Thanks.
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