Nydol
DOL Transition Watch : NY State Department of Labor
Posted Mar 25, 2005
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Many readers of MurthyDotCom and the MurthyBulletin live and work in the New York area. This article is for readers who have filed, or are the beneficiaries of, labor certifications that are pending with the New York State Department of Labor (NYDOL). The NYDOL, among its other roles, serves as the State Workforce Agency (SWA) for the state of New York. On March 2, 2005, the NY SWA provided an update regarding the transfer of their pending cases to the Philadelphia Backlog Processing Center (BPC). The BPCs were previously referred to as Backlog Reduction or Backlog Elimination Centers.
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Cases Received by December 31, 2002 : The cases received by the NYDOL by December 31, 2002 have been sent to the Philadelphia BPC. The exception to this is traditional, non-Reduction in Recruitment (RIR) cases that have already been reviewed and are awaiting advertising.
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Cases Filed in 2003 and 2004 : Labor certification cases filed with the NYDOL in 2003 and 2004 are scheduled to be forwarded to the Philadelphia BPC by the end of March 2005.
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Cases filed in 2005 : Cases filed in 2005, until March 27, 2005, will be logged and date stamped. They will then be forwarded for processing to the Philadelphia BPC. March 27, 2005 is the last day for filing labor certification cases under current, non-PERM procedures. A case must be postmarked by March 27, 2005 in order to be accepted. Later cases will be rejected and will need to be re-filed under PERM procedures in order to go forward.
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Problem - H1B Extensions : The NYDOL is having a problem addressing inquires about case status, as well as requests for proof of filing for purposes of obtaining H1B "7th-year" extensions. Given the demands on the time of the limited staff, the H1B information requests will have priority. It may be best to make these requests as far in advance as possible, to assure that the evidence of the labor certification is in hand when needed to file the H1B 7th-year extension.