New York SESA Tracker

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NJ Driving Licence Expiry.

Thanks Srikums. How many months before can we apply for 7th Yr H1 extension ? What if we do not get the (extended) H1 document in time ?
 
h1 ext

I applied for my extension 6 months before the expiry date....Vermont is getting H1 extensions approved in 2 months so you should be fine if you have your employer file for a extension within a month.

gandrakota said:
Thanks Srikums. How many months before can we apply for 7th Yr H1 extension ? What if we do not get the (extended) H1 document in time ?
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subbs27 said:
PD Oct 2002 RIR EB3

My attorney just called me and told me in response to my query that the 45 day letters have only been sent for those that have been reviewed already by SESA and subject to adjudication by Regional. So anyone expecting letters for PD 2002 or later thru January 1, 2003, it probably ain't gonna happen any time soon. My attorney told me that this will happen in March 2005.

This wasn't what the DOL had ordered the SWAs if my memory serves me right. It was to ship out all cases that were no opened with Priority dates uptill January 1, 2003, and the deadline was December 31, 2004.

So I am not sure whats going on? Is it just total lack of discipline on part of the SWAs or the BEC? If Philadelphia SWA cases PD are 2004, how can they be getting letters from the Philly BEC before NY labor if they are following the National FIFO rule???

Iam freakin... pissed off.
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If this is the case then ppl like Justwatching, etc. should be getting thier 45 day letters or already have thier 45 day letters ? Can anyone confirm.

Also, seems like there are alot of new members logging on ..... is it still worth maintaining the spreadsheet we had with everyones PD dates on them ? If so is there an updated version and do we want to add a new column for transferred to BEC & 45 day letter ???

Just a thought ...........
 
Status of Backlog Reduction Work and more

01/11/2005: Report from Chicago: Status of Backlog Reduction Work and Anticipated Processing Times

The Backlog Processing Centers (BPC) must complete several stages of activities before they can adjudicate any cases. The first step is to receive the backlog cases from the former Regions and SWAs in 50 states. The second step is to perform data entry and development of national database system for establishment of national "queue" for Traditional Cases and RIR pursuant to the policy of processing of First In First Out (FIFO) order. Once the development of national database system is completed, they will be ready to adjudicate the backlog applications. At this time, the BPCs are at the stage of receiving shipments from the states and the Regions. As soon as they receive the shipments, the contractors start making data entry to the national database.
The shipments are undertaken per the DOL Transitional Guidelines (TG). Those cases which were received before 01/01/2002 were scheduled to be shipped to the BPC by 12/31/2004 and remaining cases are scheduled to be shipped to the BPC by March 31, 2005. The shipments include only "unopened" cases. For the opened cases, the DOL has sent out instructions to the SWAs to complete the entire opened backlog cases by 03/31/2005.
The first shipment was made from San Francisco Region. Total 20,000 oldest cases. 10,000 cases were shipped to the Dallas BPC and 10,000 cases were shipped to the Philadelphia BPC. These cases have been data-entried and part of the inquiry letters have been sent out to the employers and their attorneys. The BPCs have also received 24,000 cases from 17 states as of the end of the year, and expects to receive altogether 100,000 within January 2005.
As for the backlog cases in the Regional Offices, total is tallied at 55,000 nationwide. These cases need to establish the national queue for FIFO processing.
The backlog reduction cases are handled by the two BPCs and the two satellite centers in San Francisco Regional Office and the Boston-New York Regional Office. These two Regional Offices cannot actively perform the backlog reduction work because they are not hooked upto the national database system. They are scheduled to be hooked upto the national database system along the way. These satellite centers will participate in the backlog reduction work for one year and will be phased out.
The timing of actual adjudication of cases will depend on two factors: One is the volume of conversion cases after the launch of PERM program on 03/28/2005. The larger the conversions are in number, the smaller the total numbers for the BPC will end up. The second factor is the timing of completion of shipment and data entry. DOL anticipates that it is not going to be for a while that the BPCs actually adjudicate and decide any cases. The entire backlog cases are predicted to be removed not in 24 months but from 24 month to 30 months from 03/28/2005. People should keep patience.
 
contacting the lawyer

Hi all,

I am one of those silent lurkers. My PD is first week of Dec. 2001. I am from India.

I have an appointment with the lawyer next week to discuss about my fate (moving to PERM or not).

Can you suggest me any questions I should ask them?

Thx
 
dev10 said:
Hi all,

I am one of those silent lurkers. My PD is first week of Dec. 2001. I am from India.

I have an appointment with the lawyer next week to discuss about my fate (moving to PERM or not).

Can you suggest me any questions I should ask them?

Thx
Click to expand...

First, based on information provided at immigration-law.com, converted PERM applications will NOT take 45-60 days like new PERM applications. DOL has just stated that it will take less time than the existing time - which basically means it could take forever.

If you start with a brand new PERM application to benefit from the 45-60 day turnaround time you will be saying goodbye to your priority date.

With regression of priority dates to Jan 1, 2002 for nationals from India I think you would be better off keeping your existing December 2001 priority date.

Also something you should think about. The earliest PERM approval you could get is end of May 2005. So you need to ask yourself (because your lawyer knows nothing more than you do) if you think your case (which is one of the oldest) will get processed out of the BEC in at least that time. I would like to think it will.

If you do decide to convert to PERM remember the job needs to be identical.
 
JustWatching said:
First, based on information provided at immigration-law.com, converted PERM applications will NOT take 45-60 days like new PERM applications. DOL has just stated that it will take less time than the existing time - which basically means it could take forever.

If you start with a brand new PERM application to benefit from the 45-60 day turnaround time you will be saying goodbye to your priority date.

With regression of priority dates to Jan 1, 2002 for nationals from India I think you would be better off keeping your existing December 2001 priority date.

Also something you should think about. The earliest PERM approval you could get is end of May 2005. So you need to ask yourself (because your lawyer knows nothing more than you do) if you think your case (which is one of the oldest) will get processed out of the BEC in at least that time. I would like to think it will.

If you do decide to convert to PERM remember the <A TITLE="Click for more information about job" STYLE="text-decoration: none; border-bottom: medium solid green;" HREF="http://search.targetwords.com/u.search?x=5977|1||||job|AA1VDw">job</A> needs to be identical.
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so correct me if i'm wrong:
1- conversion means that u keep ur priority date , but u have to wait more time to get ur perm application cleared and ur old application should be withdrawn.

2-if u withdraw ur rir application, then apply feresh to perm with loosing priority date, u will get ur application cleared in 45 days.

i'm right in those two statements?
 
antonioa77 said:
so correct me if i'm wrong:
1- conversion means that u keep ur priority date , but u have to wait more time to get ur perm application cleared and ur old application should be withdrawn.

2-if u withdraw ur rir application, then apply feresh to perm with loosing priority date, u will get ur application cleared in 45 days.

i'm right in those two statements?
Click to expand...

Yes, based on my understanding.
 
Guys,
This PERM thing is now driving me nuts..(PD Feb'2002).
After having waited for almost 3 years...right around the time when you think your Labor file might get opened..they have PERM coming up.

Now I am not sure what to do...the lawyer says hold on to the RIR PD that I have and hopefully get labor cleared in the next few months.

Gurus, what do you guys suggest...this whole process is driving me crazy..

Please give your inputs and also those with Jan-Feb'2002 Priority dates..what are you guys deciding on doing?

Thanks
waitingforgc04...05???
 
RIR EB-3 or PERM EB-2?

Guys,

Please advise me what to do:

My LC priority date is October, 2002 (New York state). It is RIR EB-3. "Lucky" me, EB-3 retrogression will apply to me since I was born in India. Now I have three choices:

1. Convert my RIR to PERM, keep my priority date. (But my lawyer denied this possibility, didn't say why.)
2. Withdraw my RIR, file a new PERM as EB-2. The risk is, I would lose my priority date, and EB-2 might also need quota to file I-485 if too many EB-2 cases in INS.
3. Do nothing, wait for my RIR to get approved in BEC.

Please help, any suggestions or opinions are appreciated.
 
US&Canada said:
Guys,

Please advise me what to do:

My LC priority date is October, 2002 (New York state). It is RIR EB-3. "Lucky" me, EB-3 retrogression will apply to me since I was born in India. Now I have three choices:

1. Convert my RIR to PERM, keep my priority date. (But my lawyer denied this possibility, didn't say why.)
2. Withdraw my RIR, file a new PERM as EB-2. The risk is, I would lose my priority date, and EB-2 might also need quota to file I-485 if too many EB-2 cases in INS.
3. Do nothing, wait for my RIR to get approved in BEC.

Please help, any suggestions or opinions are appreciated.
Click to expand...


If I understand the current developments correctly. If you are filing a new application under PERM without keeping your priority, you do not really need to withdraw your RIR application. so, you can take option 2 without withdrawing your RIR application.
 
richshi said:
01/11/2005: Report from Chicago: Status of Backlog Reduction Work and Anticipated Processing Times

The Backlog Processing Centers (BPC) must complete several stages of activities before they can adjudicate any cases. The first step is to receive the backlog cases from the former Regions and SWAs in 50 states. The second step is to perform data entry and development of national database system for establishment of national "queue" for Traditional Cases and RIR pursuant to the policy of processing of First In First Out (FIFO) order. Once the development of national database system is completed, they will be ready to adjudicate the backlog applications. At this time, the BPCs are at the stage of receiving shipments from the states and the Regions. As soon as they receive the shipments, the contractors start making data entry to the national database.
The shipments are undertaken per the DOL Transitional Guidelines (TG). Those cases which were received before 01/01/2002 were scheduled to be shipped to the BPC by 12/31/2004 and remaining cases are scheduled to be shipped to the BPC by March 31, 2005. The shipments include only "unopened" cases. For the opened cases, the DOL has sent out instructions to the SWAs to complete the entire opened backlog cases by 03/31/2005.
The first shipment was made from San Francisco Region. Total 20,000 oldest cases. 10,000 cases were shipped to the Dallas BPC and 10,000 cases were shipped to the Philadelphia BPC. These cases have been data-entried and part of the inquiry letters have been sent out to the employers and their attorneys. The BPCs have also received 24,000 cases from 17 states as of the end of the year, and expects to receive altogether 100,000 within January 2005.
As for the backlog cases in the Regional Offices, total is tallied at 55,000 nationwide. These cases need to establish the national queue for FIFO processing.
The backlog reduction cases are handled by the two BPCs and the two satellite centers in San Francisco Regional Office and the Boston-New York Regional Office. These two Regional Offices cannot actively perform the backlog reduction work because they are not hooked upto the national database system. They are scheduled to be hooked upto the national database system along the way. These satellite centers will participate in the backlog reduction work for one year and will be phased out.
The timing of actual adjudication of cases will depend on two factors: One is the volume of conversion cases after the launch of PERM program on 03/28/2005. The larger the conversions are in number, the smaller the total numbers for the BPC will end up. The second factor is the timing of completion of shipment and data entry. DOL anticipates that it is not going to be for a while that the BPCs actually adjudicate and decide any cases. The entire backlog cases are predicted to be removed not in 24 months but from 24 month to 30 months from 03/28/2005. People should keep patience.
Click to expand...


Can we expect NY SESA backlog cases goes to NY DOL or Philly BEC?

Any thoughts?
 
dreamer_ny said:
If I understand the current developments correctly. If you are filing a new application under PERM without keeping your priority, you do not really need to withdraw your RIR application. so, you can take option 2 without withdrawing your RIR application.
Click to expand...

from http://www.immigration-law.com/

01/11/2005: Report from Chicago: No Parallel Applications Permitted Without Losing Priority Date

When people refile a PERM application without dislosing the pending application, the National Processing Centers will access the database at the BPCs to see whether any cases are pending for the employer and the employee. Accordingly, parallel filing of PERM application and non-PERM application will be blocked by the DOL. Such policy will enhance the risk of conversion and a fewer employers may attempt conversion fiing.
 
NY SESA backlogged cases will most likely

be forwarded to NY DOL along with NJ and MA. How difficult is it to hook up to the national database? I am not a tech person, but a lot of you guys are, can someone offer free assistance to the DOL ;)
 
where has the process reached?

After April 2001 I thought labor would move fast but on the website it still says Oct 2001 since 2+ months... and I am wondering why its taking that long..

how many are processed in a day ? Is there any website to see my application status? I am in August 2002 ..

Has anyone got approval beyond Oct 2001? Please throw some hope..
 
I just found out a friend of mine got his Labor approved from NY with a PD of Nov'21st'2001.

Don't have more info. but he said that he got it approved in end of Nov'04, and filed I-140/485 and EAD by Dec'15th.

So although the website says Oct'01 still, there are cases being cleared that are past October...I have no clue how these guys work..?
 
richsi - I don't think cases will be sent to NY DOL. I think once cases are entered at the BECs, 45-day letters sent out and received, and actual adjudication can be done, NY DOL staff will be able access the system to do the adjudication.

ItsTough - Staff at NY SWA has been cut by at least half, they have also been instructed to pack and ship cases to BEC. I suspect the only processing of cases at NY SWA were those that had already begun processing before these instructions were given to them. There is no website to see your status.
 
Thank you JustWatching..

Some people say that they are processing labor for professionals in seperate category from others.. I am not sure..

Does anyone have any idea which cases went to BEC/from which date?

Initially someone posted that if anyone receives labor they will notify here so others know what date is going on. This is a really good idea.. Please everyone keep posting here.
 
dreamer_ny said:
If I understand the current developments correctly. If you are filing a new application under PERM without keeping your priority, you do not really need to withdraw your RIR application. so, you can take option 2 without withdrawing your RIR application.
Click to expand...

Thanks a lot, dreamer_ny. It would be great if I could do that!
 
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