New York SESA Tracker

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Anniversary of its own kind

I just realized its been almost 2 years since this thread was started on a positive note and we were hoping that our LCs will be cleared in the next few months. "Positive note" turned out to be a false one and we are still on the same boat hoping that our LCs will be cleared soon.

With all the changes going on in DOL I hope that this time around we actually get to the other side and we do not have to wait for another Anniversary.
 
dreamer_ny said:
We have 2 different dates floating around as a deadline for SESA to send cases to BEC by 12/31/2004.

I have read I beleive @murthy.com at one point that all un-opened applications upto 1/1/2003 should be submitted by 12/31/2004.

In "God_Bless_You"s previos post he mentions that applications upto 1/1/2002 should be submitted by 12/31/2004.

Would anyone be able to explain which date is correct?
Click to expand...

The dates were as follows:

Cases received prior to 1/1/2003 had to be sent by 12/31/2004 to BEC
Cases received 1/1/2003 - 12/31/2004 had to be sent by 3/31/2005.
Case received 1/1/05 - 3/27/05 will date stamped and forwarded to the NPC.

What is really happening at NY SWA.

The first batch has been sent to BEC. NY SWA is sending cases on a rolling basis now, i.e. cases received after 1/1/2003. I assume they will continue to do this until they are done and before the 3/31/05 deadline.

NY SWA is only finishing processing of early October 2001 cases and older open cases. Everything else is being sent to BEC.
 
Phone number

Try this number 212 621 9375. Your attorney is supposed to be the one calling .

Let me know after you talk to them.
 
JustWatching,

Thanks for your info about sending NY cases to BC.

Any ideas when will the BC start to process the received cases? I read that they may start this processing no eraly than in a few months.
 
Oberton said:
JustWatching,

Thanks for your info about sending NY cases to BC.

Any ideas when will the BC start to process the received cases? I read that they may start this processing no eraly than in a few months.
Click to expand...

Not yet, I am trying to find a way to get that info.
 
BAD news for NY state backlogged RIR cases

Based on the newest update:

BECs will process cases transferred from regional level first. For example, Justwatching case, filed in NY in early Nov 2001, will have to wait for someone who filed in Delaware in early 2003 only because that "someone's case had been sent to regional level. NO FIFO here!

Even worse, now they have decided to merge the RIR and regular, and go FIFO from there. For example, Justwartching case, filed as RIR in Nov 2001 will have to wait for someone who filed as regular in May 2001. More wait because all of sudden they want FIFO here!

READ this, and decide what you should do about it:


01/21/2005: DOL Backlog Reduction Processing Update

The DOL did not disclose in details a number of issues in the PERM Briefings which the consumers were interested in. It turned out that some of these issues had been discussed with the AILA in telephone conference before the PERM Briefing sessions began. Some of these issues had been answered as follows:
Status of Processing at the Backlog Processing Centers:
The cases which were transferred from the Regional Offices were processed first. For these cases, initial letters have been being sent out. Once the responses come back from the applicants, they will start adjudicating the cases. The current state is as follows:
Dallas, Philadelphia, and San Francisco Regions Cases: Data entry for these cases has been completed and letters have been sent out and the Backlog Centers are awaiting the responses for further processing and adjudication.
Chicago and Atlanta Regions Cases: These cases have been transferred to the Backlog Centers later and currently being data-entried. Once the data entry is completed, letters will be sent out the applicants as it did with the Dallas, Philadelphia, and San Francisco Regions cases.
The cases which were transferred from the SWA (state offices) are at the stage of data entry. Once data entry is completed, the same steps will be taken as described above.
Processing Queue per FIFO: Shockingly, there are no separate queues between RIR and Regular cases and both RIR and Regular cases are being processed on FIFO in a single national queue. Consequently, RIR cases will experience a substantial delay once the cases are transferred to the Backlog Centers!!
 
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News source, and comments

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

NY SESA RIR cursed? you may wonder:

1) You must withdraw in order to refile PERM to keep your PD, but hey, your case will be processed slower than the newly filed PERM, just because you once filed as NY RIR
2) All right, you have waited for longer than 3 years, so decided not to refile as PERM. Then be patient, cause you are gonna wait till all nation wide regional cases done, then wait for states like Connecticut whose regular LC still in April 2001, after 1 year later, that is year 2006, it may be your turn.

after you finnally get your LC done after 5 years as RIR (name even sound ridiculous, right?), you found I-140 clogged again, wait for another 2 years to be able to have your I-140 cleared.

Now ask yourself, what have you done wrong to deserve this treatment? or maybe because you have not done enough to correct the unfairness???

I am gonna go PERM!
 
The news keeps getting worse.

DOL Backlog Reduction Processing Update

The DOL did not disclose in details a number of issues in the PERM Briefings which the consumers were interested in. It turned out that some of these issues had been discussed with the AILA in telephone conference before the PERM Briefing sessions began. Some of these issues had been answered as follows:
Status of Processing at the Backlog Processing Centers:
The cases which were transferred from the Regional Offices were processed first. For these cases, initial letters have been being sent out. Once the responses come back from the applicants, they will start adjudicating the cases. The current state is as follows:
Dallas, Philadelphia, and San Francisco Regions Cases: Data entry for these cases has been completed and letters have been sent out and the Backlog Centers are awaiting the responses for further processing and adjudication.
Chicago and Atlanta Regions Cases: These cases have been transferred to the Backlog Centers later and currently being data-entried. Once the data entry is completed, letters will be sent out the applicants as it did with the Dallas, Philadelphia, and San Francisco Regions cases.
The cases which were transferred from the SWA (state offices) are at the stage of data entry. Once data entry is completed, the same steps will be taken as described above.
Processing Queue per FIFO: Shockingly, there are no separate queues between RIR and Regular cases and both RIR and Regular cases are being processed on FIFO in a single national queue. Consequently, RIR cases will experience a substantial delay once the cases are transferred to the Backlog Centers!!
Opened Cases vs. Unopened Cases: Under the Transition Guideline, unopened cases have been transferred to the Backlog Centers and opened cases will be completed by the SWAs. The definition of "opened cases" is the application packages which are at the SWAs in unopened boxes or where no letters have been issued by the SWAs to the applicants. Accordingly, those who received a letter from the state offices may be completed at the state offices rather than being transferred to the Backlog Centers.
Notification of Address Changes of the Applicants or Attorneys: If one knows that his/her case has been transferred to the Backlog Centers, the notification should be addressed to the Backlog Centers. If one does not know, DOL suggests to such notification to both the Backlog Center and the SWA office.
Address of Certifying Officers and SWA in the Notice Posting for Cases to be Filed before 03/28/2005: People should follow the same rules and requirements under the current labor certification regulation. Thus the notice posting should direct the public to file misrepresentation or complaints to the office of Certifying Officer's office and the state labor certification unit. Remember, though, some Regions, addresses have been changed: Chicago and Atlanta offices.
 
Is there any way we can get Mr Khanna To Fight For Us?

Guys .... I know in the past someone contacted Mr Khanna to hear our issues - Do you think its worth a try to get an exact answer as to what is going on and whether he can help us ??? :confused:

By the sound of things ..... it is getting really bad and our lives are at stake here ...... seriously .... if this doesn't work then we should start to send letters to some important people ....
 
outrageous

I am outraged by this. Its like all that I have done so far to be a permanant part of this country is useless. All the hard work I put in for corporations of this country, leaving my land, hanging on thru the recession has no value. it can all be washed away by the whim of some white punk idiot in the DOL office who has no clue how to make things work. Things will get really desperate henceforth. The immigration process was close to a sham. Now it has fully become one, without any credibility or accountability.

There is no reward for hard working aliens who want to be a part here. Only endless frustration. The ones who are rewarded are gold digging broads marrying american citizens, or border jumpers.

Exploit us america.
 
RIR versus Regular

I dont think this will end up happening. This is too preliminary a report. For heavens sake, the guys have just completed/completing sending letters to Regional cases. It may be that initially this queue may be combined, but they know better than us the distinction in evaluating a Regular LC versus RIR LC. With the pressure and criticism that they are facing already, it would be the last straw. We have to wait and see. Eventually if this happens, I dont think NY RIR will even get looked at before Mid-2006. This would be too drastic a move for an important region as NY. Fingers crossed, I doubt that this would happen. Granted that DOL is in total chaos and anarchy, but I dont think the red tapism and bureaucracy would match that in India. We still have some semblance of sanity here, which we can only hope will last.
 
Bad Joke

This whole thing is turning into one real bad joke .....

Someone is going to have to do something about this soon ......

Want to start mailing politicians again ? They should look at it from this angle .... if they help us we would surely vote for them when we get some legality in this country !
 
Hey guys,

Was away in India for last one month. Just got back. Only to get these shocking news. This is outrageous. DOL is doing it because they are confident they can get away with it. This is turning out to be so depressing. We will have to keep up the fight.
 
Please suggest me what shud I do

Hi,

I applied EB3 RIR (I think) in March 2003 in NY.. since it was taking very long I switced the company.. (and applied for 7th year based on previous labor).. and applied the LC from EB3 New hampsire.... now the retrogession bomb exploded

I am not sure what to do now...

- shud I go back to my prev employer.. as the NY labor wud have gone to backlog center.. and it might get approved soon
- shud I try to convert that LC to PERM...
- shud I apply in PERM in EB2 ... thru some employer...

OR.. just wait for some time

TIA
VG
 
gulamh1 said:
Hi,

I applied EB3 RIR (I think) in March 2003 in NY.. since it was taking very long I switced the company.. (and applied for 7th year based on previous labor).. and applied the LC from EB3 New hampsire.... now the retrogession bomb exploded

I am not sure what to do now...

- shud I go back to my prev employer.. as the NY labor wud have gone to backlog center.. and it might get approved soon
- shud I try to convert that LC to PERM...
- shud I apply in PERM in EB2 ... thru some employer...

OR.. just wait for some time

TIA
VG
Click to expand...

I am not sure yo ucan go to a 'new' employer as you are already on 7th year extension. My understanding is that you need to (as do I) stick with the same employer who has been filing you +1 yr extensions...

Can someone else clarify this ?
 
Another strain for NYSEAS RIRcases

D. POTENTIAL OVERSUBSCRIPTION OF THE EMPLOYMENT-BASED THIRD PREFERENCE “OTHER WORKER” CATEGORY

During fiscal year 2005, 5,000 visa numbers are provided by law for use in the Employment-based Third preference “Other Worker” (EW) category. This annual limit is divided into twelve approximately equal monthly allotments. If there are sufficient numbers to satisfy all demand, the category can be considered "current". Whenever demand exceeds the supply of numbers available for allotment in a particular month, the category must be considered to be “oversubscribed” and a visa availability cut-off date is established.

Continued heavy applicant demand, primarily for CIS adjustment of status cases, is expected to require the oversubscription of the EW category in the near future. This action will be necessary in order to hold EW number use within the FY-2005 annual numerical limit. The establishment of an EW cut-off date beginning as early as March cannot be ruled out, and would apply to all chargeability areas.
 
kohls said:
I am not sure yo ucan go to a 'new' employer as you are already on 7th year extension. My understanding is that you need to (as do I) stick with the same employer who has been filing you +1 yr extensions...

Can someone else clarify this ?
Click to expand...
If you have a labor pending with an (any) employer for more than 365 days, any employer can get a 7th yr extension for you.
 
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