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New York SESA Tracker
- Thread starter loveusa03
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There is speculation that for folks who have their PD's current (visa numbers available for I485 filing) will be given preference for I-140 ajudications over PERM LC's, who cannot file for I-485 even though their I-140 is approved.
eastwest said:Waitingforgc04,
You are right they will definately clog the 140 queue. I am becoming more and more passimistic about the whole GC scenario.
Thanks
EastWest
GC_Dreams18
Registered Users (C)
I dont think I140 will get clogged..
Hopefuly they will prioritize the 140 queue. Which means if you had an older priority date (which is your labor PD), you will be processed first rather than a guy who gets labor cleared thru PERM. basically, the importance is now on your PD, not labor clearance....which means you can get your labor cleared 6 months after a guy gets his labor cleared thru PERM, but when you file 140, you'll be processed before him.
Am I making sense?
Hopefuly they will prioritize the 140 queue. Which means if you had an older priority date (which is your labor PD), you will be processed first rather than a guy who gets labor cleared thru PERM. basically, the importance is now on your PD, not labor clearance....which means you can get your labor cleared 6 months after a guy gets his labor cleared thru PERM, but when you file 140, you'll be processed before him.
Am I making sense?
njrirlabor
Registered Users (C)
GC_Dreams18 said:Hopefuly they will prioritize the 140 queue. Which means if you had an older priority date (which is your labor PD), you will be processed first rather than a guy who gets labor cleared thru PERM. basically, the importance is now on your PD, not labor clearance....which means you can get your labor cleared 6 months after a guy gets his labor cleared thru PERM, but when you file 140, you'll be processed before him.
Am I making sense?
You sure are making sense. I hope this is way it will be processed.
Thinking outloud
Guys,
I read somewhere in the thread that the total of 180,000 cases has been or is going to be transferred to Philly or Dallas. Once 45-day letters for all of these are issued, how many cases do you think will drop off for whatever reason? I think a lot, especially from California (Dallas) considering the number of lay-offs in high-tech...
Guys,
I read somewhere in the thread that the total of 180,000 cases has been or is going to be transferred to Philly or Dallas. Once 45-day letters for all of these are issued, how many cases do you think will drop off for whatever reason? I think a lot, especially from California (Dallas) considering the number of lay-offs in high-tech...
Days_go_by
Registered Users (C)
also read somewhere
that only 300 cases have been asked to be withdrawn out of 40000 responses received yet. Doesn't seem like a lot of cases would be dropped. Companies might just keep the labor certfs and use them for future employees (labor substitution).
that only 300 cases have been asked to be withdrawn out of 40000 responses received yet. Doesn't seem like a lot of cases would be dropped. Companies might just keep the labor certfs and use them for future employees (labor substitution).
JustWatching
Registered Users (C)
I-140 , the facts...
1) They cannot prioritize I-140 by Priority Date. I-140 are processed by receipt date.
What this means: Yes PERM approvals that go in ahead of your LC approval will indeed be ahead of you.
2) If priority dates retrogress for visa number purposes, people will still be able to apply for I-140 and again this will be based on receipt date, not priority date.
3) If priority dates retrogress chances are PERM applicants won't be getting I-485 approvals but older priority dates will...
1) They cannot prioritize I-140 by Priority Date. I-140 are processed by receipt date.
What this means: Yes PERM approvals that go in ahead of your LC approval will indeed be ahead of you.
2) If priority dates retrogress for visa number purposes, people will still be able to apply for I-140 and again this will be based on receipt date, not priority date.
3) If priority dates retrogress chances are PERM applicants won't be getting I-485 approvals but older priority dates will...
LaborPains
Registered Users (C)
JustWatching said:1) They cannot prioritize I-140 by Priority Date. I-140 are processed by receipt date.
What this means: Yes PERM approvals that go in ahead of your LC approval will indeed be ahead of you.
2) If priority dates retrogress for visa number purposes, people will still be able to apply for I-140 and again this will be based on receipt date, not priority date.
3) If priority dates retrogress chances are PERM applicants won't be getting I-485 approvals but older priority dates will...
How will this effect consular processing ?
If someone applies through PERM, gets I-140 cleared. Will there be any delay in the consular processing ?
Appreciate your inputs.
Thats not great news - I hope they change this policy and process I140 on PD rather than RD. Not changing the policy would mean going from one long wait for LC approval to another long wait for I140 approval. Overhauling just one part of the GC process does no good for old cases and neither for PERM cases - both options are equally lengthy !!!!
JustWatching said:1) They cannot prioritize I-140 by Priority Date. I-140 are processed by receipt date.
What this means: Yes PERM approvals that go in ahead of your LC approval will indeed be ahead of you.
2) If priority dates retrogress for visa number purposes, people will still be able to apply for I-140 and again this will be based on receipt date, not priority date.
3) If priority dates retrogress chances are PERM applicants won't be getting I-485 approvals but older priority dates will...
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I think the PD date will be used with the 485 and not the 140 , since 485 is the one which takes long time so this should be a plus to us.
blahblah said:Thats not great news - I hope they change this policy and process I140 on PD rather than RD. Not changing the policy would mean going from one long wait for LC approval to another long wait for I140 approval. Overhauling just one part of the GC process does no good for old cases and neither for PERM cases - both options are equally lengthy !!!!
Hi all,
It appears the PERM regulation requires as a mandatory recruitment step a “job order”. By looking at the initial RIR labor application we filed long time ago it looks like the RIR is actually an application for a waver of the job order. Furthermore the PERM regulation states that people who did not go the RIR route (regular labor certification) and had a job order filed under the direction of SWA do not qualify for refile while maintaining the priority date.
Here is a question.
What is the “job order” required under PERM and where do you actually file it?
Dim Tod
It appears the PERM regulation requires as a mandatory recruitment step a “job order”. By looking at the initial RIR labor application we filed long time ago it looks like the RIR is actually an application for a waver of the job order. Furthermore the PERM regulation states that people who did not go the RIR route (regular labor certification) and had a job order filed under the direction of SWA do not qualify for refile while maintaining the priority date.
Here is a question.
What is the “job order” required under PERM and where do you actually file it?
Dim Tod
JustWatching
Registered Users (C)
LaborPains said:How will this effect consular processing ?
If someone applies through PERM, gets I-140 cleared. Will there be any delay in the consular processing ?
Appreciate your inputs.
Consular processing should not be impacted. Other than visa number retrogression also applies to consular processing where appropriate
waitingforgc04
Registered Users (C)
New Information
Guys:
Let me say this first, I am not sure about the credibility of this information, but this is a cut'n'paste from another forum.
"Atlanta and Chicago still have a total of approximately 10,000 labor certifications that they will be transferring to the BPCs. New York, Boston, and San Francisco will continue to process the cases they have until January 2006. It is not clear if the offices will remain open, if they still have cases at that point, or if they will send their cases to the BPCs. It is still projected that the BPCs will remain in operation for 24 to 30 months, if adequate resources are provided."
Please share your views....
------------------------
PD : Feb'2002- NY
Guys:
Let me say this first, I am not sure about the credibility of this information, but this is a cut'n'paste from another forum.
"Atlanta and Chicago still have a total of approximately 10,000 labor certifications that they will be transferring to the BPCs. New York, Boston, and San Francisco will continue to process the cases they have until January 2006. It is not clear if the offices will remain open, if they still have cases at that point, or if they will send their cases to the BPCs. It is still projected that the BPCs will remain in operation for 24 to 30 months, if adequate resources are provided."
Please share your views....
------------------------
PD : Feb'2002- NY
got the 45 day letter finally
Hi all .,
I am a silent watcher of this forum from last couple of months.My attroney notified that they have received the "so called 45 day letter" from the philly BEC and said they have responded to that.
Just wanted to share the information with you all.
My Labour file date is Nov 13th 2001.It is in the NY state level before it was moved to BEC.
Thanks
Hi all .,
I am a silent watcher of this forum from last couple of months.My attroney notified that they have received the "so called 45 day letter" from the philly BEC and said they have responded to that.
Just wanted to share the information with you all.
My Labour file date is Nov 13th 2001.It is in the NY state level before it was moved to BEC.
Thanks
GOD_BLESS_YOU
Registered Users (C)
ny2001 said:Hi all .,
I am a silent watcher of this forum from last couple of months.My attroney notified that they have received the "so called 45 day letter" from the philly BEC and said they have responded to that.
Just wanted to share the information with you all.
My Labour file date is Nov 13th 2001.It is in the NY state level before it was moved to BEC.
Thanks
It is a good news for NY state filers.,
could you find out when they received the 45 day letter and your BEC number.,
My state PD is NOV 1st 2001
and BEC case number is P-05031-4XXXX
not yet received 45 days letter
Number of NY RIR Cases in 2002 and 2003
Hello All,
I have been a silent observer for a few months now, and I applaud the effort put in by the forum members here... you guys are truly doing awsome service to fellow members... Thank You!!!
I was wondering if anyone know how many NY-RIR cases are in the queue with PDs in 2002, 2003 and 2004... just to get an idea of what the waiting time would be once they do clear our labor and we file for I-140 and I-485.
They are currently processing December 30, 2004 for 1-140, and March 24, 2004 for I-485.
My PD is November 11, 2002, RIR, EB3, nonIT.
Regards,
skumar_ny
Hello All,
I have been a silent observer for a few months now, and I applaud the effort put in by the forum members here... you guys are truly doing awsome service to fellow members... Thank You!!!
I was wondering if anyone know how many NY-RIR cases are in the queue with PDs in 2002, 2003 and 2004... just to get an idea of what the waiting time would be once they do clear our labor and we file for I-140 and I-485.
They are currently processing December 30, 2004 for 1-140, and March 24, 2004 for I-485.
My PD is November 11, 2002, RIR, EB3, nonIT.
Regards,
skumar_ny
waitingtoo
Registered Users (C)
Couple of updates
1. My Law co. informed they have received 1 '45 day letter' for the NY region.
2. Spoke to someone in PA BEC, and the person mentioned it will take upto 90 days to complete the processing after reply to 45 day letter has been received. Is this consistent with what others have heard? Does this mean late-2001 NY filers would have their Labor approved/rejected by approx. July 05?
1. My Law co. informed they have received 1 '45 day letter' for the NY region.
2. Spoke to someone in PA BEC, and the person mentioned it will take upto 90 days to complete the processing after reply to 45 day letter has been received. Is this consistent with what others have heard? Does this mean late-2001 NY filers would have their Labor approved/rejected by approx. July 05?
GOD_BLESS_YOU said:It is a good news for NY state filers.,
could you find out when they received the 45 day letter and your BEC number.,
My state PD is NOV 1st 2001
and BEC case number is P-05031-4XXXX
not yet received 45 days letter
I checked with my attroney.Received the letter on 14th if this month and number is P-05032-4XXXX.
waiting forLC
Registered Users (C)
rir or non-rir
ariesny1/ny2001
Can you tell us whether your case belongs to rir or non-rir?
Thanks
ariesny1/ny2001
Can you tell us whether your case belongs to rir or non-rir?
Thanks
ariesny1 said:Hi All,
I just heard from my company that they received the 45 day letter for my case about a week ago.
Does any one have any ideal how long the labor dept takes to process the case once they receive the letter back?
PD is Nov 14, 2001
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