New York SESA Tracker

[kohls]

Thank you all for taking the time to post. I wish all of you good luck and hope that you will soon get this stage of the GC over with.

Good luck!

One question that you might help with... acc to your estimates what do you think would be a time I can expect mine ;-) Dec 31st 2001 PD - 45 day letter recd end De 2005, and replied back on Jan 3rd, 2006

Cheers

 

[JustWatching]

One question that you might help with... acc to your estimates what do you think would be a time I can expect mine ;-) Dec 31st 2001 PD - 45 day letter recd end De 2005, and replied back on Jan 3rd, 2006

Cheers

Well here is my theory.

1) From BPC receiving response to 45-day letter to approval the shortest timeframe is 1 month. What I mean is if they receive the letter, enter it, assign it to an examiner, forward to certifying office, approved an mailed - all of that takes at least a month.

2) I received my 45-day letter (after reopening my case) May 17. I received my approval June 22.

3) What that tells me is that my case was picked up as soon as they received it. Which tells me that when they got my case the queue was passed the November 2001 and hence my case was one of the oldest and was quickly addressed.

4) I also know that November 2001 cases were actually picked up for approval in February 2006.

5) So by now they clearly have gone passed the December 2001 PD range.

So in theory your case should have been approved by now.

Except, there is always an exception to the rule. While there is a trend on processing dates, the number of "skipped" cases is still pretty significant. When do they go back and look at the "skipped" cases is something I was never able to figure out.

With a case like ahalem's who got his letter March 2005 and has not heard anything yet, it is hard to tell.

So I am sorry to say - it is going to be hard to predict your approval.

 

[srini2011]

help!

Received a NOF from the labor department which says they have an intent to deny and they are giving me a month for rebuttal.
MY pd is feb 2002. Im in my 7th year H1 comming up for renewal soon.
My lawyer is in no rush and of course he says we will send the rebuttal and should be no problem.
Does anybody have any experience with these rebuttals? is there any chance the DOL may actually certify my case or am i wasting my time?
should i immidiately put in a new application through perm?
IF perm goes through will i be able to renew my H1 for the 8th year?
can somebody please help me out?

 

[JustWatching]

Received a NOF from the labor department which says they have an intent to deny and they are giving me a month for rebuttal.
MY pd is feb 2002. Im in my 7th year H1 comming up for renewal soon.
My lawyer is in no rush and of course he says we will send the rebuttal and should be no problem.
Does anybody have any experience with these rebuttals? is there any chance the DOL may actually certify my case or am i wasting my time?
should i immidiately put in a new application through perm?
IF perm goes through will i be able to renew my H1 for the 8th year?
can somebody please help me out?

Can you file for 8th year now? If you can, you should. Your LC application is still valid for 8th year extension. Then you could go file PERM.

You won't be able to get H-1B extension based on PERM at this point.

 

[kohls]

Well here is my theory.

1) From BPC receiving response to 45-day letter to approval the shortest timeframe is 1 month. What I mean is if they receive the letter, enter it, assign it to an examiner, forward to certifying office, approved an mailed - all of that takes at least a month.

2) I received my 45-day letter (after reopening my case) May 17. I received my approval June 22.

3) What that tells me is that my case was picked up as soon as they received it. Which tells me that when they got my case the queue was passed the November 2001 and hence my case was one of the oldest and was quickly addressed.

4) I also know that November 2001 cases were actually picked up for approval in February 2006.

5) So by now they clearly have gone passed the December 2001 PD range.

So in theory your case should have been approved by now.

Except, there is always an exception to the rule. While there is a trend on processing dates, the number of "skipped" cases is still pretty significant. When do they go back and look at the "skipped" cases is something I was never able to figure out.

With a case like ahalem's who got his letter March 2005 and has not heard anything yet, it is hard to tell.

So I am sorry to say - it is going to be hard to predict your approval.

March 2005 does seem like whacky. And on top of it - acc to Attorney he is asking me to wait and see till next year Jun-July (2007). A colleague of mine with same PD almost same 45-day letter already got approval more than a month ago.

I've been thinking of PERM... but the consequence of possibility of loosing the PD sends scares me...

 

[srini2011]

thanks

Can you file for 8th year now? If you can, you should. Your LC application is still valid for 8th year extension. Then you could go file PERM.

You won't be able to get H-1B extension based on PERM at this point.

Thanks for the advice. Same thought occured to one of my other friends this morning and H1 renewal is going to be on its way tommorrow morning. Congratulations on your Approval. have been following your posts for years now. great job!
Also what is ur opinion on the rebuttal? Do u think it will work? DOL claims i should not be using experience gained in the same firm that is sponsoring my green card although im counting only half the experience (time) that was gained in the firm before they decided to sponsor me for the green card. I now have to count on the work experience i gained as a GRA in school. im not sure they will accept that. do u think they care?

 

[gcby2020]

Well here is my theory.

1) From BPC receiving response to 45-day letter to approval the shortest timeframe is 1 month. What I mean is if they receive the letter, enter it, assign it to an examiner, forward to certifying office, approved an mailed - all of that takes at least a month.

2) I received my 45-day letter (after reopening my case) May 17. I received my approval June 22.

3) What that tells me is that my case was picked up as soon as they received it. Which tells me that when they got my case the queue was passed the November 2001 and hence my case was one of the oldest and was quickly addressed.

4) I also know that November 2001 cases were actually picked up for approval in February 2006.

5) So by now they clearly have gone passed the December 2001 PD range.

So in theory your case should have been approved by now.

Except, there is always an exception to the rule. While there is a trend on processing dates, the number of "skipped" cases is still pretty significant. When do they go back and look at the "skipped" cases is something I was never able to figure out.

With a case like ahalem's who got his letter March 2005 and has not heard anything yet, it is hard to tell.

So I am sorry to say - it is going to be hard to predict your approval.

They are going by the states thus far. If you notice almost all of the approvals are from Ca/MD/Virginia. That too from August 2002 onwards. JW was very lucky. Otherwise 95% of 2001 cases are still pending. As to why PBEC is avoiding 2001 cases GOK!