NY DOL Letter for 7th year H1 Extension

Z

zbitz

Registered Users (C)
I'm currently in the process of applying for H1 7th year extention. I was told by my lawyer that to prove that labor is pending for more than 365 days we need to get a letter from NY DOL ( my labor was filed in NY state). Does anybody know how long is it taking to get this letter these days? My 6th year term is expiring in June and I'm really getting worried.

Thanks in advance
zbitz
 
zbitz said:
I'm currently in the process of applying for H1 7th year extention. I was told by my lawyer that to prove that labor is pending for more than 365 days we need to get a letter from NY DOL ( my labor was filed in NY state).
--lawyer is correct

Does anybody know how long is it taking to get this letter these days?
---- your lawyer need to call the NY SWA and ask for the letter, I dont know how many days it will take, lawyer has to be after SWA
My 6th year term is expiring in June and I'm really getting worried.
-------- you should file 7th year by MAY end becase lawyer is going to take time to fill the forms by law your H1 extension should reach USCIS any day BEFORE your I-94 gets expired
Thanks in advance
zbitz
Click to expand...
 
Nydol

DOL Transition Watch : NY State Department of Labor
Posted Mar 25, 2005
©MurthyDotCom
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.
©MurthyDotCom
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.
©MurthyDotCom
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.
©MurthyDotCom
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.
©MurthyDotCom
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.
 
to yxd0018

Hi yxdoo18,

You said your lawyer requested the 365 day letter from NY DOL in march(more than a month ago). Did you get the letter from NY DOL? What is their contact info? And if you have not got it yet, what are u planning to do? We are in the same situation as well and are very worried.

Awaiting your early reply,

Thanks,

Bitspen.
 
I just found out from my lawyer that NY DOL told them to approach Back Reduction Center to get this letter. Has anybody else gotten similar request? He also told me that when he contacted the officer at BRC they told him they have not even opened the case yet. I'm really getting nervous about this whole process. Anybody in the same boat please share their experiences.

zbitz
 
NY DOL / BPC not responding to requests for proof of pending Labour.

My Employer and Law firm tried various avenues to aquire this letter for more than two months without success! They finally sent the application without the letter this week since my 6 years end on Apr 30
- They said they submitted some notorized letters & proof of attempt to obtain the confirmation letter instead of the confirmation letter!

Since this is a well known problem with NY DOL, I don't expect anything nasty to occur during the adjudication...

Im really worried too. Hell... we can always go to court :)
 
Thanks for your reply.

Do let me know how the whole process went. Did you apply extension in Premium or Regular category?

zbitz
 
No luck

As most of you worried, I tried nemerous ways to communicate with PA BEC and NY DOL. Here is the reply from NY DOL and you can conclude by yourself.

From: "Tannenbaum, Henry (LABOR)" <Henry.Tannenbaum@Labor.State.Ny.Us>
Subject: Request for H1-B 7th year extension information
Date: Fri, 22 Apr 2005 08:52:00 -0400
Dear Mr.

Thank you for your recent correspondence concerning information necessary for your H1-B extension.


Please be advised that your case has been transferred to the United States Department of Labor Philadelphia Backlog Center. Your employer, or attorney may telephone that office for the necessary documentation.


United States Department of Labor Philadelphia Processing Center
One Belmont Ave. Suite 200
Bala Cynwyd, PA 19004
Telephone: (484) 270-1500
Fax: (484) 270-1600

I trust that this addresses your concerns.

Henry Tannenbaum
Manager
Alien Employment Certification Office
--------------------------------------------------
From: "Tannenbaum, Henry (LABOR)" <Henry.Tannenbaum@Labor.State.Ny.Us>
Subject: RE: Request for H1-B 7th year extension information
Date: Thu, 28 Apr 2005 13:40:50 -0400

Philadelphia Backlog Center will respond to requests for 7th year extension
letters. Have your employer or attorney write or call and specifically
inform them that the letter is necessary for a 7th year extension. I cannot
provide you with such letter.
 
yxd0018 - did you follow up?

Did your company/attorney contact the Philadelphia Laobour processing at the information recieved from the NY DOL person?

Please let us know. Thanks.
 
I am in the same boat and bsenk is right INS is accepting ntotarized letter from the atterney. My attorny also told me same think. I would not worry about the letter and I just file it.
 
Hey folks, I am in the same boat as well. After my lawyer waited for two months without getting a response from the NJDOL, he finally faxed the request to the BPC-Phili on May 9th. ... now waiting.

Did anyone get the evidence letter yet?
Do they send mail a letter or fax to the lawyer with the evidence letter?
 
lovedale said:
Hey folks, I am in the same boat as well. After my lawyer waited for two months without getting a response from the NJDOL, he finally faxed the request to the BPC-Phili on May 9th. ... now waiting.

Did anyone get the evidence letter yet?
Do they send mail a letter or fax to the lawyer with the evidence letter?
Click to expand...

Did you folks receive priority date (Acknowledgement letter) from SWA, when you file your LC year ago.?
 
Some states don't give the acknowledgement receipt when you file LC. NJ, NY are among those unfortunate states.
Example: If you filed from ohio, you would have a receipt for LC; not in NJ,NY.

Anyone got the letter from BPC yet? :confused:
 
lovedale said:
Some states don't give the acknowledgement receipt when you file LC. NJ, NY are among those unfortunate states.
Example: If you filed from ohio, you would have a receipt for LC; not in NJ,NY.

Anyone got the letter from BPC yet? :confused:
Click to expand...

CA EDD gives letter, which is more than suffienct to prove case is 1 yr old to file 7th yr extn
 
Got it

Folks, My lawyer recieved the confirmation letter from the BPC- Philli on May 27th. (applied May 9th, recieved May 27th).
Anyone needing this letter to confirm that the labor application is pending 365 days for H1 extensions, can ask the lawyer to fax the BPC and request for it. They will mail in approximately 2 weeks.
Thanks all for the help.
 
BPC letter

Hi all,
My lawyer received BPC DOL filing confirmation letter on June 9. He filed the request on May 18 or so. My 7th year application is filed to CIS on May 26 and my lawyer just need to supply the latest letter to CIS now. It seems Philly BPC has finished data entry work.
 
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