New York SESA Tracker
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GOD_BLESS_YOU
Registered Users (C)
Suhel said:
check this thread for more on PERM...
http://boards.immigrationportal.com/showthread.php?t=123041
what your lawyer said is not true
my colleague submitted Sept. 2001 and got approved early November.
Oberton said:According to my lawyer NY SESA has stopped RIR processing during last three or four months. I asked him "why"? He answered (with a smile
my colleague submitted Sept. 2001 and got approved early November.
Hello all,
I have been a silent visitor of this website. This forum is great.
Let me tell abt my case. I filed my Labor in first week of october 2001.
I haven't cleared it yet. There was some problem with my case. After being approved, my papers were sent to US DOL regional office from NY DOL...but US DOL never got it. So, my Attorney has asked NY DOL to fax the papers to himself..... but he hasn't received anything as yet. So, i don't know where my case is lying now. completely clueless!!!
Any suggestions on how to track my case?
Thanks
I have been a silent visitor of this website. This forum is great.
Let me tell abt my case. I filed my Labor in first week of october 2001.
I haven't cleared it yet. There was some problem with my case. After being approved, my papers were sent to US DOL regional office from NY DOL...but US DOL never got it. So, my Attorney has asked NY DOL to fax the papers to himself..... but he hasn't received anything as yet. So, i don't know where my case is lying now. completely clueless!!!
Any suggestions on how to track my case?
Thanks
quickmouse
Registered Users (C)
It seems Jluy 2004 is almost cleared in regional office
I just checked with AVM on 212-337-2193. It seems they almost finished all July cases. Early Aug cases (prior to Aug 10) are also processed.
I just checked with AVM on 212-337-2193. It seems they almost finished all July cases. Early Aug cases (prior to Aug 10) are also processed.
dreamer_ny
Registered Users (C)
SWAs are suppose to mail all applications upto december 2002 to BEC's. If my application was filed in Feb 2002; any guesses on when will our company's lawyer be getting a notification on that. I am one of the unlucky ones and it is almost impossible to contact our company's lawyer.
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Cases from sept 2001
Is there anybody who is still waiting from <= sept 2001 and haven't got their labor cleared from NY SESA.
Mine as per my lawyer is 2001 sept but if i check at NY DOL AVM its still not there. No query from SESA yet. I have no idea where my case is ...
Is there anywhere i can call and check it out ?
Is there anybody who is still waiting from <= sept 2001 and haven't got their labor cleared from NY SESA.
Mine as per my lawyer is 2001 sept but if i check at NY DOL AVM its still not there. No query from SESA yet. I have no idea where my case is ...
Is there anywhere i can call and check it out ?
JustWatching
Registered Users (C)
das_go said:
Try this number 212 621 9374. Your attorney is supposed to be the one calling but you can give it a try.
krage_2002
Registered Users (C)
situation
It is just like my case filed at the end of August. No news at all. My employer is preparing the written request/fax for NY SESA to see if it was cleared there and just stuck in Regional (lawer's recommendation). NY SESA doesn't respond over the phone.
das_go said:
It is just like my case filed at the end of August. No news at all. My employer is preparing the written request/fax for NY SESA to see if it was cleared there and just stuck in Regional (lawer's recommendation). NY SESA doesn't respond over the phone.
GOD_BLESS_YOU
Registered Users (C)
we should have Info from NY SWA
1. DOL Transition Watch : Region VI Update
We at The Law Office of Sheela Murthy, P.C. have been receiving many questions from clients, MurthyBulletin subscribers, and MurthyDotCom visitors regarding the U.S. Department of Labor (DOL) transition issues. One of the most frequent questions is whether, or when, permanent labor certifications will be moving to Backlog Elimination Centers (BECS) or National Processing Centers (NPCs). On December 13, 2004, American Immigration Lawyers Association (AILA) liaisons shared the results of their meeting with the Region VI Department of Labor (DOL) and the California State Workforce Agency (SWA). These reports identify challenges that this region, and very likely that the other regions, are facing in this transition.
DOL / SWA TELECONFERENCE
Region VI (San Francisco, CA)
The DOL Regional Director indicated that all 20,000 cases transferred from Region VI (San Francisco, CA) to the BECs were the cases with the oldest Regional Office (RO) receipt dates. There are still 8,000 to 10,000 cases with the RO. The Regional Director speculated that it is possible Atlanta, GA and Chicago, IL will also work on the backlog reduction if PERM is not implemented. RIR and regular cases received from the California SWA after September 2004 will not be entered into the RO database or processed in any way. The RO is awaiting instructions on how to deal with these cases. This means that a person who needs a receipt notice for an H1B one-year incremental extension will not be able to receive that receipt until the file has been sent to a BEC, an NPC, or has been cleared to be processed at the RO.
For RIR cases, the RO is continuing to work on California cases with RO receipt dates of December 2002 to March 2003. The remaining cases with RO receipt dates from July 2003 through September 2004 were transferred out of the RO. Non-waiver California cases with RO receipt dates of October 2003 or later will be transferred. The RO will continue to process California cases received January 2003 through September 2003. The RO is retaining enough work for the next six months. The Regional Director speculated that it is still possible for the DOL to have six major processing centers: Dallas, TX; Philadelphia, PA; Atlanta, GA; Chicago, IL; Boston, MA; and San Francisco, CA. There has been no final word on such a plan, however.
Region VI has lost all temporary employees. This means that the analysts are also performing clerical work as part of their job duties.
Washington SWA
The Washington SWA gave its definition of what constitutes an "open" case. The Washington SWA interprets "open" to mean "start processing" or to review the application and accompanying documentation and either sending an assessment letter or transmitting the application to the DOL for further processing.
After January 1, 2005, the Washington SWA will only work on cases that have had an assessment letter sent to the employer or the employer's attorney by December 30, 2004. The Washington SWA is not going to send out letters for the cases it transfers, but cases filed after January 1, 2005 will receive a receipt letter. This receipt letter will indicate that they will transfer the case to the Chicago NPC upon receipt of instructions from the DOL. The Washington SWA stopped opening non-RIR applications on November 15, 2004 since it takes them 10 weeks or more to process a non-RIR case from start to finish. They have also stopped performing Prevailing Wage Determinations for non-RIR applications. The BECs are expected to complete Prevailing Wage Determinations. The Washington SWA will continue to process RIR applications until December 30, 2004.
Nevada SWA
The Nevada SWA indicated that it defines "open" as a case that has been picked up for assessment and on which work has begun. The Nevada SWA is continuing to work on RIR and non-RIR cases.
California SWA
The California SWA is working on applications received in April 2001. They are inputting any new cases into the system but they will not progress unless someone is available to work on them. The SWA backlog is 2-3 years. They are trying to finish open RIR cases and regular permanent cases in recruitment and final documentation stages. They are not starting new recruitment on traditional labor certifications at this time.
California SWA Teleconference
As of December 9, 2004, the California SWA had approximately 62,000 cases and a staff of eleven. There are roughly 37,000 cases with priority dates between April 27, 2001 and December 31, 2002. There is concern that the SWA will only be able to ship around 15,000 of these cases by December 31, 2004, although they are all due at the Dallas (TX) BEC by this date. The California SWA has approximately 25,000 cases filed after December 31, 2002, and receives on the order of 1,500 new cases per month. It currently takes the California SWA about 3 weeks to issue a receipt. They are not sure if they will have all backlogged cases to the Dallas BEC by March 31, 2005.
The California SWA is looking into a system to indicate which cases are still with the SWA and which cases have been transferred. They have not, however, made a final plan as yet. They still have eleven Special Handling cases, and many of these require assessment notices, so they intend to seek guidance from the DOL. The California SWA continues to receive remands, which are in boxes. They plan to open these to return them to the regular labor certification queue according to priority date.
There are miscellaneous cases that require certain requested information. The California SWA asks that all requested data be sent to them as quickly as possible.
Conclusion
We at The Law Office of Sheela Murthy, P.C. hope that this information provides a glimmer into the transition process. It shows that it may be some time before all transfers are completed and the BECs have all of the cases they intend to process. We will continue to monitor these developments, to keep MurthyDotCom and MurthyBulletin readers apprised of the situation.
1. DOL Transition Watch : Region VI Update
We at The Law Office of Sheela Murthy, P.C. have been receiving many questions from clients, MurthyBulletin subscribers, and MurthyDotCom visitors regarding the U.S. Department of Labor (DOL) transition issues. One of the most frequent questions is whether, or when, permanent labor certifications will be moving to Backlog Elimination Centers (BECS) or National Processing Centers (NPCs). On December 13, 2004, American Immigration Lawyers Association (AILA) liaisons shared the results of their meeting with the Region VI Department of Labor (DOL) and the California State Workforce Agency (SWA). These reports identify challenges that this region, and very likely that the other regions, are facing in this transition.
DOL / SWA TELECONFERENCE
Region VI (San Francisco, CA)
The DOL Regional Director indicated that all 20,000 cases transferred from Region VI (San Francisco, CA) to the BECs were the cases with the oldest Regional Office (RO) receipt dates. There are still 8,000 to 10,000 cases with the RO. The Regional Director speculated that it is possible Atlanta, GA and Chicago, IL will also work on the backlog reduction if PERM is not implemented. RIR and regular cases received from the California SWA after September 2004 will not be entered into the RO database or processed in any way. The RO is awaiting instructions on how to deal with these cases. This means that a person who needs a receipt notice for an H1B one-year incremental extension will not be able to receive that receipt until the file has been sent to a BEC, an NPC, or has been cleared to be processed at the RO.
For RIR cases, the RO is continuing to work on California cases with RO receipt dates of December 2002 to March 2003. The remaining cases with RO receipt dates from July 2003 through September 2004 were transferred out of the RO. Non-waiver California cases with RO receipt dates of October 2003 or later will be transferred. The RO will continue to process California cases received January 2003 through September 2003. The RO is retaining enough work for the next six months. The Regional Director speculated that it is still possible for the DOL to have six major processing centers: Dallas, TX; Philadelphia, PA; Atlanta, GA; Chicago, IL; Boston, MA; and San Francisco, CA. There has been no final word on such a plan, however.
Region VI has lost all temporary employees. This means that the analysts are also performing clerical work as part of their job duties.
Washington SWA
The Washington SWA gave its definition of what constitutes an "open" case. The Washington SWA interprets "open" to mean "start processing" or to review the application and accompanying documentation and either sending an assessment letter or transmitting the application to the DOL for further processing.
After January 1, 2005, the Washington SWA will only work on cases that have had an assessment letter sent to the employer or the employer's attorney by December 30, 2004. The Washington SWA is not going to send out letters for the cases it transfers, but cases filed after January 1, 2005 will receive a receipt letter. This receipt letter will indicate that they will transfer the case to the Chicago NPC upon receipt of instructions from the DOL. The Washington SWA stopped opening non-RIR applications on November 15, 2004 since it takes them 10 weeks or more to process a non-RIR case from start to finish. They have also stopped performing Prevailing Wage Determinations for non-RIR applications. The BECs are expected to complete Prevailing Wage Determinations. The Washington SWA will continue to process RIR applications until December 30, 2004.
Nevada SWA
The Nevada SWA indicated that it defines "open" as a case that has been picked up for assessment and on which work has begun. The Nevada SWA is continuing to work on RIR and non-RIR cases.
California SWA
The California SWA is working on applications received in April 2001. They are inputting any new cases into the system but they will not progress unless someone is available to work on them. The SWA backlog is 2-3 years. They are trying to finish open RIR cases and regular permanent cases in recruitment and final documentation stages. They are not starting new recruitment on traditional labor certifications at this time.
California SWA Teleconference
As of December 9, 2004, the California SWA had approximately 62,000 cases and a staff of eleven. There are roughly 37,000 cases with priority dates between April 27, 2001 and December 31, 2002. There is concern that the SWA will only be able to ship around 15,000 of these cases by December 31, 2004, although they are all due at the Dallas (TX) BEC by this date. The California SWA has approximately 25,000 cases filed after December 31, 2002, and receives on the order of 1,500 new cases per month. It currently takes the California SWA about 3 weeks to issue a receipt. They are not sure if they will have all backlogged cases to the Dallas BEC by March 31, 2005.
The California SWA is looking into a system to indicate which cases are still with the SWA and which cases have been transferred. They have not, however, made a final plan as yet. They still have eleven Special Handling cases, and many of these require assessment notices, so they intend to seek guidance from the DOL. The California SWA continues to receive remands, which are in boxes. They plan to open these to return them to the regular labor certification queue according to priority date.
There are miscellaneous cases that require certain requested information. The California SWA asks that all requested data be sent to them as quickly as possible.
Conclusion
We at The Law Office of Sheela Murthy, P.C. hope that this information provides a glimmer into the transition process. It shows that it may be some time before all transfers are completed and the BECs have all of the cases they intend to process. We will continue to monitor these developments, to keep MurthyDotCom and MurthyBulletin readers apprised of the situation.
Last edited by a moderator:
LaborPains
Registered Users (C)
Perm
Does any one know if PERM is in effect?
I have filed my LC applicatoin with NY state in Jan2002.
Would I be allowed to apply again with the new PERM processing as the new process only takes 21 days?
Thanks.
Does any one know if PERM is in effect?
I have filed my LC applicatoin with NY state in Jan2002.
Would I be allowed to apply again with the new PERM processing as the new process only takes 21 days?
Thanks.
LaborPains said:
PERM rules may be published very soon, see the appropriate topic in the main thread.
They say it would be possible to convert the existing RIR to PERM, however you need to provide new advertisements according to the new rules.
The say PERM will be difficult for passing.
dreamer_ny
Registered Users (C)
das_go said:
What I read on murthy.com was all unopened cases upto and including december 2002 should be submitted to BEC's by december 31, 2004. RIR cases will be boxed seperately from non-RIR cases. Not sure how long would it take BEC to enter these cases into their system and start sending 45 day letter.
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sankat_mochan
Registered Users (C)
Sit Tight
The only thing it means for NY filers is sit tight and continue doing the handjob.
And when over say " Ahhhhhaaa NY SESA..... once more"
Suhel said:What does this all mean for NY filers ? I don't see any mention of our plight ??
The only thing it means for NY filers is sit tight and continue doing the handjob.
And when over say " Ahhhhhaaa NY SESA..... once more"
GOD_BLESS_YOU
Registered Users (C)
PERM Published.. effective From March 28,2005
DATES: Effective Date: This final rule is effective on March 28, 2005,
and applies to labor certification applications for the permanent
employment of aliens filed on or after that date.
For publication and details
http://frwebgate5.access.gpo.gov/cg...SdocID=912766352918+2+0+0&WAISaction=retrieve
DATES: Effective Date: This final rule is effective on March 28, 2005,
and applies to labor certification applications for the permanent
employment of aliens filed on or after that date.
For publication and details
http://frwebgate5.access.gpo.gov/cg...SdocID=912766352918+2+0+0&WAISaction=retrieve
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