New York SESA Tracker

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Update

Hi guys,

As some of you know my case was closed. Attorneys received notice of closure in February.

Today my attorney informed me that my case has been submitted for reinstatement and that it will take 6 -10 weeks to receive a formal notice.

I will post an update when I hear more.
 
Update Tracker

Please input my info to the tracker:

State: NY
PD: 6/10/2004
Type: EB3
45 Day Letter Rec'd : 11/14/05
45 Day Letter Replied: 11/28/05

Thanks,

GCNY2006
 
gcby2020 said:
It looks like all of us with PD 12/7/2001 to 12/31/2001 are stuck. I see all of us have our ETA case number fairly close. MIne is P05123 88*** It appears that our box has not been opened... But then when they sent out the 45 day letter weren't they supposed to create a queue based on PD. I just cannot understand PBEC

That may not be true.

Mine is in that range, and so was my colleagues'. We both got the 45-day letter sometime in Dec end / early Jan this year (our honorable Attorneys didn't tell anybody... that's a different story) and it was responded back within a week after that.

My colleague's LC came about 2 weeks ago, but mine is still pending.
 
Hi all,

My case had a PD of August 2002, State NY, RIR..
In August of 2005 we resubmitted under PERM and selected to keep the original PD.
The case has been approved !!!
We received the original in the mail. So if I had to estimate it happed in the beginning of April.
I was also told that it took this long because the Atlanta PERM Center had to request the original case from the PBEC and to compare both cases for any potential differences.

I do not know the case number and do not have info regarding the 45 day letter.
Hope this helps in your estimates.

Good luck
 
Dim Tod said:
Hi all,

My case had a PD of August 2002, State NY, RIR..
In August of 2005 we resubmitted under PERM and selected to keep the original PD.
The case has been approved !!!
We received the original in the mail. So if I had to estimate it happed in the beginning of April.
I was also told that it took this long because the Atlanta PERM Center had to request the original case from the PBEC and to compare both cases for any potential differences.

I do not know the case number and do not have info regarding the 45 day letter.
Hope this helps in your estimates.

Good luck

WOw! Congrats. Can you share the details of conversion. What does it entail?
 
pr date=Aug 2002
45 day letter=Oct 28 2005
LC approval=April 25 2006

How long does the rest of this stupid thing take? And when am I free to leave my current employer?
 
case no?

Congrats!

could you share your case no. and EB category ?


uguryilmaz said:
pr date=Aug 2002
45 day letter=Oct 28 2005
LC approval=April 25 2006

How long does the rest of this stupid thing take? And when am I free to leave my current employer?
 
kohls said:
That may not be true.

Mine is in that range, and so was my colleagues'. We both got the 45-day letter sometime in Dec end / early Jan this year (our honorable Attorneys didn't tell anybody... that's a different story) and it was responded back within a week after that.

My colleague's LC came about 2 weeks ago, but mine is still pending.

It appears they are going box by box. Thats why good number of Aug-sept 2002 from NY got approved recently. PBEC will not be able to maintain FIFO strictly. Their idea of FIFO will be that they are not processing any 2003 or 2004 at this time. But the range is going to 12 to 18 months at a time. Hence any case from 2001 to 12/2002 can get approved in near future.

I replied to 45 day letter in Aug 2005 and am still waiting. Am wondering whether converting to PERM will be a good idea at this time.

Maybe if all of us from 2001 were to write letters again to PBEC and GAO at the same time, it may help.
 
2001 filers

i am with you. please draft a letter and post in the forum if you can. i am thinking of sending flowers to the cheif with the apropriate message.

thank you
 
LC_HOPE said:
i am with you. please draft a letter and post in the forum if you can. i am thinking of sending flowers to the cheif with the apropriate message.

thank you

Yes we should send a letter to PBEC mention about ETA#
with PD and 45 letter date.
I think ETA# P-05121 to P-05129 are effected.

But once they entered fully in the system it should not be matter of Box some thing else.

So make a draft letter and post here.

Pd DEC2001 NY/RIR/EB3
45 letter Nov 14 2005
ETA# P-05122-8****
 
I am in for the letter idea.
I will send it and will send him a cake and nice gift to his mom in the mother day.
------------------------------------------------------
PD, Nov 2001
45, Mar 2005
GREEN CARD, by 2022 when my son become 18 years old.

zairy said:
Yes we should send a letter to PBEC mention about ETA#
with PD and 45 letter date.
I think ETA# P-05121 to P-05129 are effected.

But once they entered fully in the system it should not be matter of Box some thing else.

So make a draft letter and post here.

Pd DEC2001 NY/RIR/EB3
45 letter Nov 14 2005
ETA# P-05122-8****
 
gcby2020 said:
WOw! Congrats. Can you share the details of conversion. What does it entail?

To the best of my knowledge it is not any different than a normal PERM. The basic requirements for a transfer are that the employer, the employee, the position and the location are the same. The prevailing wage is different and you will have to obtain a new one.

If you decide to go the perm route it will take you min. 2.5 months to go thru advertisement and recruitment. After you file, the Atlanta office will request your file from the backlog center to verify that the case is still the same and you can keep the priority date.
I was told that in my case this process took about 8 months.
I would estimate that you could expect to go thru the process in min. 11 to 12 months.

Hope this helps.

THIS IS ONLY MY OPINION BASED ON MY EXPERIENCE. ACT ACCORDINGLY.
 
boxes?

also possible that once the case is entered into the system, they dont need to look at the paperfile anymore, then it does not matter which box our application is in.

based on previous approvals, I guess they are following some kind of FIFO but leaving some cases in 2001 and 2002 behind. it could be that these left cases are closed by mistake(if they havent seen the 45day reply) or complex(taking longer as they could be looking into company or layoffs or whatever) or not fully entered(they could have misplaced the 45 day reply or the file itself) or not put into the regional queue after SWA processing for some other reason we dont know or approved but our company/lawyer did not inform us.

..that was just my analysis.

gcby2020 said:
It appears they are going box by box. Thats why good number of Aug-sept 2002 from NY got approved recently. PBEC will not be able to maintain FIFO strictly. Their idea of FIFO will be that they are not processing any 2003 or 2004 at this time. But the range is going to 12 to 18 months at a time. Hence any case from 2001 to 12/2002 can get approved in near future.

I replied to 45 day letter in Aug 2005 and am still waiting. Am wondering whether converting to PERM will be a good idea at this time.

Maybe if all of us from 2001 were to write letters again to PBEC and GAO at the same time, it may help.
 
3 cases got approved on my company, one of them with PD of June 2002 and 45 days letter of Nov 2005 , all cases filed from NY.

-------------------------------------------------------------
Mine still on the waiting queue : PD Nov 2001 , 45 Days letter March 2005, NY
 
ahalem said:
3 cases got approved on my company, one of them with PD of June 2002 and 45 days letter of Nov 2005 , all cases filed from NY.

-------------------------------------------------------------
Mine still on the waiting queue : PD Nov 2001 , 45 Days letter March 2005, NY

what is the PD of the other two cases? Thanks.
 
I could not get this information, it’s classified as per the legal dept. I knew about the 3rd case since he is friend of mine.


mvinays said:
what is the PD of the other two cases? Thanks.
 
45 Day Letter received

Just when I thought I will never get my 45 day letter, finally I received it yesterday on 05/03/2006.

I was worried since everyone in the wholewide world received the 45 day except me with my priority date.

Thanks
EastWest
 
An open letter to President

We need action!

Dear immigrants:

I have drawn an open letter to President. Please review and contribute your opinion. We need union to fight for our green cards, otherwise many people don’t know our situation and nobody will pay high attention to legal immigration problem.

I have a couple of questions in my letter.

Illegal immigration is a hot issue right now and I haven’t found many good ideas about it. In order to contribute our thoughts, I put illegal immigration content in the letter, also it may have more people to pay attention to this letter and realize how important to make immigrant coming to USA legally. But the letter is too long, I am afraid if people will read whole letter. Please let me know your opinion ------ delete this part or keep it.

One voice or two voices are nothing. More voices may mean something. Please put your information in the bottom of the letter. If you have any suggestion or amend this letter, you are no more than welcome to contribute your thoughts. I’ll re-write this letter after I gather more new ideas, then send to President, Congress and media.

In order for me to get information easily, please click http://boards.immigrationportal.com...799#post1421799 and put all information in the same thread. Thanks a lot.

NJ EB3 RIR
PD Aug. 2002
45 day letter received and replied in Sep. 2005
Email: bluesky133@hotmail.com




President George W. Bush
The President of the United States
U.S. White House
Washington, D.C. 20001

An open letter to President George W. Bush

Dear Mr. President:

We write to endorse your admirable commitment to immigration issues. Recently, more and more illegal immigrant issues are in the newspaper and on television. We appreciate the idea that you disagree to letting illegal immigrants become U.S. citizens since the United States is a legal system country.

We are legal immigrants. All of us are skilled people and paying taxes. We would like to contribute our intelligence and skills to this country’s economic and advance technology development, but we have endless worry and pain waiting for a green card! We are suffering!

The green card process is extremely slow after 911. Some of us have been waiting for labor certificates several years and still waiting without knowing anything, when and whether we can get approval or not. We cannot change our job when another position is more fitting to us and the employer cannot find this kind of skilled person during our endless waiting.

Although the Immigration and Naturalization Service (INS) has taken some steps to reform the process and two backlog centers in Philadelphia and Dallas to handle all national backlog cases. There are many problems such as:

45 day letter: After backlog case is entered into system, 45 day letter will be sent to the employers / attorney who must reply to this letter within 45 days, otherwise the case will be closed. But the backlog centers send 45 day letters are out of order. We are unable to trace our case status and don’t know the process time schedule. In case 45 day letter mail is missing, miss delivery or employer has replied to the letter, but backlog center hasn’t received it, all of those things happened are resulting in our case being closed, but we are still waiting until we receive a cased closed notice. Some cases are closed by error. Some people who submitted application in 2001 haven’t got a 45 day letter yet.

“First in, first out” rule: As a matter of fact, many labor certificate approvals come out without an order. Some people have been waiting more than four years and are still waiting, but some people who submitted their applications in 2003 and even in 2004 have got labor certificate approval!

Immigration processing retrogress: Even if we get labor certificate approval finally, we need to file 140 Form which may take several months to years. After #140 approval, because of retrogress ((#485 cut off date is May 1, 2001 for EB3, it's more than 5 years behind now. it moved only 4 months in the past more than two years!), we may still have to wait several years before we can file #485 and apply for advance parole which allow us to travel. Our work visa has to be extended again and again while waiting. Our spouse with H4 visa can’t go to work. We can’t make long term plans for ourselves and our family’s future. Some people are planning to go back to their motherland country or other countries where skilled people are welcomed. Some of our friends who are in foreign countries have no intention of moving to USA after they hear our stories. The USA may lose some highly educated and skilled people.

For most of us who go through the labor certificate process, it seems that we may have to spend a decade to go through the entire employment-based green card process if we are lucky enough to get it. If we fail to get approval in any stage, we may have to leave this country soon. It is a very long green card journey. The journey is in the darkness. Many of us haven’t visited our family members and friends in our motherland country for many years because of green card problem. Also, it is hard for our family members to get US visas to visit us. We are very homesick; we miss our family members and friends so much. We can’t stand being apart from our family especially when our parents are very sick, but we are unable to take care of them. Some people even missed seeing their parents one last time before they passed away. Dear President, you have a family, therefore you can imagine how tough it is for us. We have lost our freedom in some way.

All of the above is based on facts and our experiences. We earnestly request you, Mr. President, to pay high attention to legal immigrant issues. We have below petitions:

1. “First in, first out” rule, every stage of green card process must follow this rule. There are too many backlog cases which may be messed up; it’s hard for the backlog center to get every single case done orderly, so the priority date should go through all processes no matter when the approval of Labor Certificate and #140 is issued.
2. The Labor of Department makes public the process time schedule at least once a month. Applicants can trace their case status from internet.
3. To speed up the green card process.
4. Someone who has been staying in the USA more than five years or working in the USA more than three years should be free to get a travel visa to travel especially to their motherland no matter in what the stage of his/her green card.
5. Someone who has been working in the USA more than five years, his/her spouse should be allowed to get work permission.

Mr. President, we know you are worrying about this country’s security and illegal immigrant issues. We also concern about these issues and have below suggestions for your reference.

1. Illegal immigrants who have been staying the USA more than five years can get three year work visa and renew another three years once in the USA but not allowed to apply for green card unless they go back to their country to apply for work visa and enter this country with legal documents.
2. Illegal immigrants who have been staying in the USA less than 5 years but more than three years can get non-renewable three year work visa and not be allowed to apply for green card unless they leave the USA to apply for work visa and enter this country with legal documents.
3. Illegal immigrants who have been staying in the USA less than three years must leave the USA to apply for work visa and enter this country with legal documents.
4. Set up fast and simple channel to get work visa. Give illegal immigrants a chance to be legal immigrants based on their conduct and US job market requirement. In order to encourage illegal immigrants leave USA early and apply for work visa legally, besides green card’s condition, this type of work visa need quota limited every year and special rules including below factors: How many years have they been in the USA before, their family member status, their behavior such as paying taxes, do not commit crimes and others while they are in the USA.

Note: Above four points showed importance of legal system and give illegal immigrants a chance to correct their mistake from humanitarianism.

5. Make more strict laws against the employer who hires illegal immigrant and lawyer who makes counterfeit documents for illegal immigrants. Increases penalties for employing illegal aliens.
6. Limited illegal immigrant’s rights by laws. Such as: Cannot get any financial service (bank account, loan and credit card). Not allowed to buy a car and take any transportation, no driver’s license. Cannot rent and buy a house/apartment.
7. Anyone who provides above rights to illegal immigrant will be fined for breaking the law.
8. Illegal immigration laws must be published and announced on newspapers, TV and radio for a long time period, let everybody know those laws.

Note: After illegal immigrants realize it’s very difficult to work and live here without legal document, they may leave USA and get legal document into the USA. In case some illegal immigrants don’t want to leave the USA, it will be more and tougher for them to work and live here. Eventually, they have to leave the USA. Then more and more people who are outside of USA will try to come to USA legally.

9. New crossing border illegal immigrants must be immediate deported and left their fingerprints with 10 years prohibit entering USA.
Note: After those illegal immigrants went back with 10 years penalty, their family members, relatives and friends will know immediately and may stop to cross border automatically.

10. Set up fingerprint verify information system for everybody in the United State, which connects with personal ID and social security number.

Note: Since a lot of places have used this system, it will not cost huge amount of extra money to build this system for more places, but it will be a big help for the home security in the future and reduce other crimes such as stealing ID and social security number.

The above suggestions may solve illegal immigrant issues for fundamental reasons and make the homeland security more efficient from now and in the future. We don’t think it is a good ideal to build a border. It may waste money but will be no help in preventing illegal immigrants. Open the legal channel widely for the people who are qualified to come to USA and make illegal immigrant very tough to survive here, we think, this is the key to prevent illegal immigrants.

Mr. President, we are looking forward to your solving both legal and illegal immigrant problems successfully during you are in office.

Sincerely,
Legal Immigrants’ Ally

Number State Category PD 45 day letter Stage E-mail
No.1 NJ EB3 RIR Aug. 2002 Sep. 2005 LC Bluesky133@hotmail.com
 
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