New York SESA Tracker

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cubiclefun said:
As all the applications are sent (going to be sent) to Backlog centers , what would the folks sitting in NY SESA would do?

Does it mean whatever applications they receive in 2005 , they would approve it very quickly? May be in months time? I dont know what is gonna happen?

are they going to look after perm?

are they going to be fired?
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They had budget cuts at the SWAs, they are funded through March, so people are being let go. They will continue doing H2-B and prevailing wage determinations for PERM.

Jan '05 - Mar '05 cases are being forwarded to NPC which will then be forwarded to BECs so "no" they are not going to get quick approvals
 
no_light said:
I guess NY DOL will not ship physically the cases.
Some news mentions NY SESA will be hooked up ( linked to) BEC center database ????
Does anyone know if this is the case ...
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NY SWA (SESA) is not going to be linked to BEC, NY DOL (Regional) will be the satellite office for BEC.

NY SWA cases have already been sent to BEC. I spoke on the phone with NY SWA about a month ago and cases had already begun to be sent to BEC.

NY DOL will finish processing cases that were sent to them by NY and NJ SWA and then they will help reduction of backlogged cases at BECs.
 
Question

Thanks a lot for the info Justwatching ..
You seem to have very good insight into the logistics of DOL.
One question to you, My PD is 10/28/2002 EB3 RIR.
Can you guess /estimate when I will get the 45-day letter and when I can get my labor cleared ?

Many thanks
 
no_light said:
Thanks a lot for the info Justwatching ..
You seem to have very good insight into the logistics of DOL.
One question to you, My PD is 10/28/2002 EB3 RIR.
Can you guess /estimate when I will get the 45-day letter and when I can get my labor cleared ?

Many thanks
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I wish I could, I can give my speculations (you should read through this thread a month back or so - or search my postings - you'll find a description of what I think will happen).

I think your labor will get approved sometime 2nd qtr of 2006. The letter you will probably get 4th qtr of 2005

Again this is pure speculation on my part so take it for what it is worth.
 
Thanks JustWatching .
I am already on my 7th year H1-B and in the process of applying 8th year :-(
I guess I need atleast to renew the 1-year extensions until 10th year....
 
satellite office?

Just watching, did you talk with NY DOL (regional) to get the information that they will continue cases approved in NY and NJ SWA? what about the other states belonging to NY DOL?
Hope Boston DOL will do the same thing too since they clamied to be a satellite office....


JustWatching said:
I wish I could, I can give my speculations (you should read through this thread a month back or so - or search my postings - you'll find a description of what I think will happen).

I think your labor will get approved sometime 2nd qtr of 2006. The letter you will probably get 4th qtr of 2005

Again this is pure speculation on my part so take it for what it is worth.
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shala said:
Just watching, did you talk with NY DOL (regional) to get the information that they will continue cases approved in NY and NJ SWA? what about the other states belonging to NY DOL?
Hope Boston DOL will do the same thing too since they clamied to be a satellite office....
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JustWatching,
I have been reading your post regularly. It is really informative.
I need your opinion on my case too.
My case is from Puerto Rico SWA.Already moved to NY DOL.

NON-RIR
SWA PD: Oct 2003
SWA RFE : Jan 2004
Replied : Jan 2004
NY DOL Forawarded : Nov 2004
Ny DOL Entered In System: Dec 15,2004

Could you please give me your opinion about my case , when it will get approved.

When I talked with my lawyer, he told that my case will be processed at BEC.
Is it true or NY DOL will process my case.

Your opinion appreciated.
The reason I am posting this message in this forum is that I don't want create a new forum for Puerto Rico.
Thank you,
WhereIsMyLabour
 
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WhereIsMyLabour said:
JustWatching,
I have been reading your post regularly. It is really informative.
I need your opinion on my case too.
My case is from Puerto Rico SWA.Already moved to NY DOL.

SWA PD: Oct 2003
SWA RFE : Jan 2004
Replied : Jan 2004
NY DOL Forawarded : Nov 2004
Ny DOL Entered In System: Dec 15,2004

Could you please give me your opinion about my case , when it will get approved.

When I talked with my lawyer, he told that my case will be processed at BEC.
Is it true or NY DOL will process my case.

Your opinion appreciated.
The reason I am posting this message in this forum is that I don't want create a new forum for Puerto Rico.
Thank you,
WhereIsMyLabour
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Hi WhereIsMyLabour

My case just got transferred to NY DOL from NJ SESA. My lawyer also tends to say the same as your lawyer, and insists the case will be transferred to BEC from NY DOL.

Would be interesting to see, what light Justwatching can shed to this.

Thanks
 
njrirlabor said:
Hi WhereIsMyLabour

My case just got transferred to NY DOL from NJ SESA. My lawyer also tends to say the same as your lawyer, and insists the case will be transferred to BEC from NY DOL.

Would be interesting to see, what light Justwatching can shed to this.

Thanks
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Hi Njrirlabor,
Could please give me some more info about your case.
Thank you
 
Pd:05/21/03 Ny Rir/eb3

Pls add me too,

Labour application mailed on 05/20/03......received by SWA next day by UPS i.e 05/21/03.......I have the UPS received acknowledgement.........till date I dont knwo what is happening to my application........no receipt........no clue........has anybody got their file number etc. around the same date?
any 45 day letters or have been able to locate their file anywhere.....philadelphia BEC?
Also I hope I am in the right place.......do I need to follow any other thread for NY labour cases filed approx May03.

Thank-you in advance!
 
You might want to wait for year or two before ask these questions, I filed mine since Nov 2001 with no receipt no file number or tracking number.

NY does not provide such information.

Please review the last few pages on these threads to get familiar with the BEC and the new process.

onlyavdhesh said:
Pls add me too,

Labour application mailed on 05/20/03......received by SWA next day by UPS i.e 05/21/03.......I have the UPS received acknowledgement.........till date I dont knwo what is happening to my application........no receipt........no clue........has anybody got their file number etc. around the same date?
any 45 day letters or have been able to locate their file anywhere.....philadelphia BEC?
Also I hope I am in the right place.......do I need to follow any other thread for NY labour cases filed approx May03.

Thank-you in advance!
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NY DOL (Regional) Open or Closed?

This is what I can say for certain about NY DOL:

1. It will remain open through 2005 and perhaps beyond that date.
2. Cases transferred from SWAs continue to be approved. Seems especially those from NJ. I suspect that is because NY stopped sending cases a while ago.
3. Nowhere in all the memos or guidances has there been mention of transferes from NY DOL (there have been for SWAs and other DOL regional offices)
4. While the NY DOL update stated that they were processing July 2004 cases, I know that they have approved a good number of cases received as late as October 2004.

So based on this,

I would assume that there is in fact only 3-4 months worth of cases sitting at NY DOL and if they are remaining open, then why would they bother sending cases to BEC.

BTW, I have not read anything about Boston Regional transferring cases to BECs either.

Again, all just speculation on my part.
 
JustWatching said:
This is what I can say for certain about NY DOL:

1. It will remain open through 2005 and perhaps beyond that date.
2. Cases transferred from SWAs continue to be approved. Seems especially those from NJ. I suspect that is because NY stopped sending cases a while ago.
3. Nowhere in all the memos or guidances has there been mention of transferes from NY DOL (there have been for SWAs and other DOL regional offices)
4. While the NY DOL update stated that they were processing July 2004 cases, I know that they have approved a good number of cases received as late as October 2004.

So based on this,

I would assume that there is in fact only 3-4 months worth of cases sitting at NY DOL and if they are remaining open, then why would they bother sending cases to BEC.

BTW, I have not read anything about Boston Regional transferring cases to BECs either.

Again, all just speculation on my part.
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Thank you Justwatching. Hope for the best.Could you please tell me somthing about the latest approval for NON-RIR case?
My case is NON-RIR

WhereIsMYLabour
 
Thank you just watching, I think you are very logic and making sense, let's hope for the best.

JustWatching said:
This is what I can say for certain about NY DOL:

1. It will remain open through 2005 and perhaps beyond that date.
2. Cases transferred from SWAs continue to be approved. Seems especially those from NJ. I suspect that is because NY stopped sending cases a while ago.

This happens with Boston DOL too, cases continues to be approved.

3. Nowhere in all the memos or guidances has there been mention of transferes from NY DOL (there have been for SWAs and other DOL regional offices)
4. While the NY DOL update stated that they were processing July 2004 cases, I know that they have approved a good number of cases received as late as October 2004.

So based on this,

I would assume that there is in fact only 3-4 months worth of cases sitting at NY DOL and if they are remaining open, then why would they bother sending cases to BEC.

Esecially in Boston DOL they were processing 10/2004 and 12/2004 cases since jan, I would say their cases at hand are limited. you are right, why they bother sending cases to BEC. And today my lawyer said he has the impression that the old transfered cases will get conclusion in the old way for Boston regional DOL. He will attend a meeting in a couple of weeks and will know better about these satellite office issue. i will post ASAP my lawyer shed more light..

BTW, I have not read anything about Boston Regional transferring cases to BECs either.

Neither do I. But their phone line never get picked up and this make all of us so worried...let's pray..

Again, all just speculation on my part.
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Cases being sent to Backlog center

Hello everyone,

I just called my attorneys office and they say that cases are still being sent. Not all cases are sent yet but its in the process..And I are far from getting 45 day letter since my date is August 2002.

Positives:
> For people from NY the BEC will be good because the people stuck before 2003 will get preference.
> There are 200 people in the backlog center and they are working on 150 cases a day. (This is what I heard from a friend)
> 45 day letter is helpful because the people who applied and whose companies dont exist and who have moved away etc.. will be removed and people who are really waiting will be getting labor faster.


Negatives:
>They are taking a lot of time to send the cases to BEC and BEC might start processing other states whose cases they have. Our NY office shld send cases soon so we get the right priority we deserve.

Having said all this, JustWatching can you guess when my labor will be done and how are you calculating this?

Please let me know.
Thank you.
 
For What it is worth!!

Finally after months of delay, I got through to my lawyer and we had a conference call today. Most of the things we talked about are common knowledge by now but for what it is worth, I'll just summarize what we went through.

Some background information: my case was filed in Feb 28, 2002 in NY SWA as RIR in EB3 category.

She mentioned that NY and NJ have been the last states to move cases to BEC but they are moving the cases now.
Understanding that every thing with DOL is variable and can change at any time, she guessed that my case should move to next stage in 6-8 months (may be sooner if we get lucky)
She advised against filing PERM as there are too many unknowns at this point in the program and recruiting effort is very intense. She also mentioned that even though DOL is saying that PERM cases should be approved in 45 days. It would not apply to any transfer cases.
The only positive news is the process should be faster than it has been in the past not slower and 45 day letters their firm has been receiving for other states didnt ask for much detail just some basic questions.
She also mentioned I-140 is taking few months and I-485 about an year but i would not put too much into it at this point.

Hope this helps......
 
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thanks dreamer_ny

My application was filed in Jan 2002. I would be ecstatic if my application comes through within the next 6-8 months.
Thanks for the info.
 
Refining under Perm

Murthy's new update on 2/17/2005 refiling under perm as an option is quite interesting and the example of 70mph freeway is excellent.

The question is what does the term "identical" mean acording to DOL?

If an identical case is re-filed under PERM, the PERM case should be able to retain the earlier priority date of the original labor certification filing. If the cases are not identical, the priority date from the original filing is lost since that case is treated as withdrawn once a re-filing is requested. In such a case, the DOL will use the PERM filing date as the priority date. Therefore, the DOL's answer to the identical case issue is critical.

I guess the synposis is refiling under Perm is fraught with risk and losing ones priority date is possible.

Just an FYI.
 
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