New York SESA Tracker

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Thanks, Richshi, you did a great job for us ! i am sure your miracle conversation took effects.But it's a great pity we are unable to catch that rare pilot program. I have a friend who is so lucky in getting both NYSESA pilot pragram last May (remember some NYSESA RIR cases of May2001and June 2001 were sent to NJ and got cleared before those April 2001 cases) and was benefitted from you mentioned USCIS pilot program this year, also he passed the I-485 weeks ago. His RIR PD is May 2001. Compared to his, we are still in NYSESA struggling. From the past documents, I am afraid that this speedy trend for i-140 couldn't last long due to policy changing, we are not so sure what of our fates will be.
I am trying to write a letter petitioning for NYSESA backlog too, I don't now how far it will work, but I think it should have a cut-off date, eg, 3years for RIR cases to be cleared, all the backlogged cases closest to this deadline should be get addressed first. We should be told when our cases are scheduled to be done. I wish you would have another miracle with director of BEC , NPC ,DOL whatever!
Thanks for expressing our pains and suffer to the right person, you deserve our "applaud" too!




richshi said:
In the past 10 months we have witnessed the real and big progress that the USCIS (formerly "INS") have achieved. 6 months of GC processing is becoming a reality. Hail to the USCIS leadership! I had the honor sitting next to Mr. Eduardo Aguirre, Director of USCIS, several months ago while I was taking the AMTRACK train from Washington DC to NYC, he was coming to NYC attend a Hispanic national event (he was to be honored on the event and to give a speech). I had a brief conversation with him, and took the chance to express our hope for a better and faster GC process for high skilled immigrant workers. He listened and made notes. I did not expect anything would happen because of the conversation. But what a delightful surprise we are witnessing now.

We have yet to see anything solid from DOL.


12/02/2004: USCIS to Expand Pilot Program to All 50 States and District of Columbia

USCIS is scheduled to expand the Pilot Program for local green card cases to residents in all 50 states and District of Columbia and provide web access. USCIS requested on 11/30/2004 the OMB to review its notice which it intends to publish in the federal register. Right on, USCIS!!
Since last April 2004, the USCIS has been testing this pilot program through Dallas and New York district offices adjudicating certain family-based I-130/485 green card applications and other local district office proceedings within 90 days. During the testing period, the applicants in other local district jurisdictions felt the program was unfair to them.
On behalf of the immigrants across the board and throughout the nation, we "wholeheartedly" welcome the move and salute the USCIS leadership.
The details have yet to be announced and it is unclear whether the nation-wide pilot program will be a carbon copy of the ongoing Dallas Pilot Program model of 90-day adjudication or it will take longer. However, the immigrant community should send "applaud" to the USCIS leadership.
 
mike0214 said:
There should be a deadline for the answer to the DOL. Are you sure that your attorney answered in time?



My delay was about 2 months.
You have to check with State DOL first. In my case they confirmed that they got our answer and next they gave me the exactly date when they send my case to the Regional DOL.
Calling to the Regional DOL is a big problem. :( In my case I try to get the real answer during last weeks without any good result. I know my case number from the attorney, but an automated system could not locate it by the employer phone # :confused:
Good luck!

Thanks for your advise. I am sure the delay is not detrimental. The office told attorney they got it. After that I did not hear anything yet.

Can HR or Attorney or myself contact State DOL? If sponsored by company, can the individual contact state DOL?

Thanks again!
 
visa revalidation

Guys, To revalidate our visa or get a new stamp in the passport, do we have to go our home counry or it can be done from canada or mexico ?

-LoveNY
 
LoveNY said:
Guys, To revalidate our visa or get a new stamp in the passport, do we have to go our home counry or it can be done from canada or mexico ?

-LoveNY

Yes. Maybe. No.

Yes you can, but it varies by nationality (actually country of origin).

It also depends on other things like - visa still being valid, I-94 still being valid, etc.

It then depends on the Consulate you visit in Canada or Mexico, each has different policies and sometimes depeding on volumes of other transactions they don't allow it.
 
LoveNY said:
Guys, To revalidate our visa or get a new stamp in the passport, do we have to go our home counry or it can be done from canada or mexico ?

-LoveNY

Home Country
 
If you are from Europe or Canada, Go to Canada or your home country and you will get it in the same day.
if you are from India or China , Go to your home country but you might stuck for couple of weeks.
if you are from middle east , stay in USA and do not bother !

I agree with just watching : Yes , No and maybe as our labor cases :)

LoveNY said:
Guys, To revalidate our visa or get a new stamp in the passport, do we have to go our home counry or it can be done from canada or mexico ?

-LoveNY
 
Thanks for your input guys. Seems like it is getting worse day by day since there is a 2 month wait in India for visa stamping.

God bless all of us.

-LoveNY

ahalem said:
If you are from Europe or Canada, Go to Canada or your home country and you will get it in the same day.
if you are from India or China , Go to your home country but you might stuck for couple of weeks.
if you are from middle east , stay in USA and do not bother !

I agree with just watching : Yes , No and maybe as our labor cases :)
 
Very Bad news

DOL Inspector General Audit Result of Backlog Labor Certification Cases

The Office of Inspector General reports that it recently conducted audit of the backlogged labor certification applications and found the following concerns:
69% cases were misrepresented or incomplete.
84% involved aliens working without work authorization.
72% involved aliens without legal status.
The report thus raised a concern that many of the applications that should be denied would be approved because of the priority to eliminate the backlog. The report also reports the findings of pervasive fraudulent activities involving the labor certification applications and filing of bogus applications for the substitution purposes on blackmarket sales. This report is likely to affect the processing of the backlogged cases by the National Backlog Reduction Centers as these Centers should maintain a balance between the need for reduction of backlogs and the need for maintaining the integrity of the permanent labor certification applications. It also suggests that unlikely the general expection in the immigrant community, the cases may not move as fast as people anticipates and there will be a large number of cases that would be denied or required for additional corrective measures. Read the report.
The AILA has reported from the DOL information that DOL Backlog Reduction Centers would mail out 10,000 Receipt Notices to the applicants beginning from today with the request for response within 45 days pursuant to the labor certification regulation.
 
some good news now

Hey guys.

Sorry for the above depressing post. Well things may not be so bad after all. Our protests seem to have worked. I just looked up on the memo (dated december 3) from Bill Carlson to the local SWA offices regarding moving the cases. Unfortunately I could not copy and paste the entire memo since it is a PDF file. For those who are interested the memo in reading in its entirety it is available on shusterman's website http://shusterman.com/toc-dol.html

The gist of the memo:

Unopened cases before Jan 2003 to be shipped before dec 31 and the remaining cases to be shipped before march 2005.

Looks like they are going to follow FIFO strictly. All boxes will clearly indicate which are traditional cases or RIR. All the boxes with the oldest cases will be ranked number one and the new cases last. Boxes will clearly indicate the date range.

So this may be bit of good news for us. Not for 2001 filers though. Since BECs have already accepted 10,000 cases, it is going to be some time before they open NY cases. How many months is anybody's guess. I would give them at least three months to get their act together.
 
gcby2020 said:
Hey guys.

Sorry for the above depressing post. Well things may not be so bad after all. Our protests seem to have worked. I just looked up on the memo (dated december 3) from Bill Carlson to the local SWA offices regarding moving the cases. Unfortunately I could not copy and paste the entire memo since it is a PDF file. For those who are interested the memo in reading in its entirety it is available on shusterman's website http://shusterman.com/toc-dol.html

The gist of the memo:

Unopened cases before Jan 2003 to be shipped before dec 31 and the remaining cases to be shipped before march 2005.

Looks like they are going to follow FIFO strictly. All boxes will clearly indicate which are traditional cases or RIR. All the boxes with the oldest cases will be ranked number one and the new cases last. Boxes will clearly indicate the date range.

So this may be bit of good news for us. Not for 2001 filers though. Since BECs have already accepted 10,000 cases, it is going to be some time before they open NY cases. How many months is anybody's guess. I would give them at least three months to get their act together.


Well... let me throw in a little bit of superstition here. I have always felt that it's my bad luck that comes in the way and gets lots of rules / regulations changed at the last minute. First the Apr 2001 back log, then 9/11 thing, and no this BECs.

Mine was filed Dec 2001, and I feel cheated and left out.

but hey, looking at the upside, I might be away by only a few (3-6 :-( ) months away from getting the LC cleared.

God bless all !
 
Hi all

Been a silent spectator for a while. Would like to be an active participant now. Thanks for everyone's contribution it is quite comforting to know that I am not the only one in this situation.

Understand that Dallas and Philly have started their backlog processing centers. Is there a date for New York?
 
question for rakki, gc_kmk and waitlisted (and potentially ahalem and Justwatching) :

have you tried calling 212 337 2184 to see if your case was transfered to Regional ? If not, please do so and give us your feedback. As far as I'm concerned, there's no news on my file yet and I'm wondering what the cut-off date is with regards to files transfered to BEC.

Thanks
 
Rajel said:
question for rakki, gc_kmk and waitlisted (and potentially ahalem and Justwatching) :

have you tried calling 212 337 2184 to see if your case was transfered to Regional ? If not, please do so and give us your feedback. As far as I'm concerned, there's no news on my file yet and I'm wondering what the cut-off date is with regards to files transfered to BEC.

Thanks

Checked the AVM, my case is not at Regional yet. Rajel your case is definitely a coin toss, I think mine is probably going to BEC.

But guess what, there is only one "state", Washington DC (yes I know they are not a state) with RIR cases older than NY going to the Philly BEC, they are processing September 2001 cases. There volume is very low.

So 1 box for September 2001 cases for DC.
Then, the next box is the October 2001 box for DC

and then...

the October 2001 box for NY and the November 2001 box for NY.

Our cases will arrive to BEC before the end of the year. Entered in January 2005 since it seems like the Regional cases for Philly and San Fran have already been entered.

I will take a leap of faith here and say, if you are a October 2001 or November 2001 case, you will receive the 45-day letter in January 2005.

The million dollar question will be: will they start combining these cases with the Philly and San Fran Regional cases previously transferred?

I would like to think they are (now "like" and what will actually happen are two very different things.

The tide may be finally be turning our way.
 
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EB-3 Professional Priority Dates

Well, EB-3 Professional for India, China and Filipino moves back to 1/1/02.

So if you are EB-3 and a PD in 2001 you may be about to become very lucky -

1) Case processed soon in BEC

2) And immediately to the front of the line of I-140 and I-485 for EB-3s
 
JustWatching,
How can i find if i am EB3 or EB2, I know INS decide that but is there a away to figure it ?

JustWatching said:
Well, EB-3 Professional for India, China and Filipino moves back to 1/1/02.

So if you are EB-3 and a PD in 2001 you may be about to become very lucky -

1) Case processed soon in BEC

2) And immediately to the front of the line of I-140 and I-485 for EB-3s
 
The same for me , my case did not move, although I did not check in last 2 weeks since AVM was down most of the time.

Rajel said:
question for rakki, gc_kmk and waitlisted (and potentially ahalem and Justwatching) :

have you tried calling 212 337 2184 to see if your case was transfered to Regional ? If not, please do so and give us your feedback. As far as I'm concerned, there's no news on my file yet and I'm wondering what the cut-off date is with regards to files transfered to BEC.

Thanks
 
ahalem said:
JustWatching,
How can i find if i am EB3 or EB2, I know INS decide that but is there a away to figure it ?

Your attorney should be able to tell you this .... i believe it is based on your education level and experience.

It's what your attorney has filed you under ......
 
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