NYC RIR Status

Attorney Update

No update!! They are still looking at year end before the 245(i) bubble is crossed over.

Surprisingly I have noticed that NY DOL has just approved March 15, 2001 filings. This makes me wonder if they are clearing their backlogs having weathered 245(i) filings???

Happy Halloween!!
 
POSTED IN NJ RIR FORUM. SEEMS TO BE A LONG WAIT FOR NY.

Can anyone explain the difference between professional workers and skilled workers?




quote:
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Originally posted by Testing_Times
here's some info. from my attorney's site, guess its goin to be feb or march before they touch May 2001 cases.

November 1, 2002

Department of Labor Answers Backlog Questions

New York and New Jersey SWA

a. Please advise how many cases are currently in the State backlog.

"As of September 30, NY has 52,250 in backlog and NJ has 22,987 in backlog."

b. Please advise the projected time frame to complete the April 2001 cases filed under RIR processing

"NY is processing RIR applications for Professional workers that were filed on 4/30/2001, and the best guess estimate is that NY will complete processing of these cases within the next 3 to 4 months. NY is processing RIR applications filed for Skilled workers in the middle of April. Because the volume of filings increased towards the end of the month, NY cannot predict how long it will take to complete processing Skilled worker April RIRs."

"NJ anticipates that it will complete the processing of its April 2001 RIRs in January 2003." :mad: :mad:
 
Finally

After 4 years of frustration, my labor was approved 2 weeks back. Here is my entire story:

H1 expiring : Jan 2003

Applied on non RIR : Sept 1998
Waiting : 3 years
Converted to RIR : Sept 2001
Waiting : 1 year
Request to NY SESA to expedite: Sept 2002
Send to NY DOL by SESA : 21 Oct 2002
Labor approved : 28 Oct 2002
Received approval notice : 7 Nov 2002
Filed for 140/485/EAD/AP : 13 Nov 2002

Just want to let you know that NY Sesa actually considers request to expedite the labor processing. But this has to be done only about 4-5 months before ur H1 expires. I never believed the lawyer when he said it and had given up on labor. But it actually works and also it helps having a good lawyer !
 
NY sesa is taking longer than what we think

This is from Murthybulletin...

"Unfortunately, the situation is not expected to improve in the near
future. According to the letter, NYSDOL expects to be working on April
2001 cases for another year, through the end of 2003. Note that, after a
case is cleared at the state level, it then is forwarded to the regional
office of the U.S. Department of Labor (DOL). Processing at the New
York regional DOL currently takes about two months (from time of receipt
from NYSDOL) for RIR cases and nine months for "regular" LCs.
"
 
This is horrible news for us.

Congratulations to NYSESASUCKS!

With the new law signed by the president allowing H-1Bs to extend with labor pending over a year, I do not know if the expedite policy still stands.
 
NY DOL taking longer than what we think?

Hi

I also read this in murthy's website - I am surprised that it states that NY DOL has informed ... will take till end of 2003 for the pending 245 cases. This is v disturbing for all of us waiting for our LCs. I am curious that this info has not been published anywhere and NY DOL voice mail still says that they will take till end of 2002 to clear Apr 2001 applications. Why is this lack of information flow, or is the information flow not uniform?
 
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So many 245(i) cases in NY. Once they get cleared and move to VSC for I140 approval, will I140 processing in VSC be even slower?

Very sad about this :( .
 
Another Bad News.........

DOL Policy on Labor Certification Expedite for H-1B

a) There is a disappointing report by the AILA which reported their Liaison Meeting with the DOL dated 11/04/2002 that because of the enactment of DOJ Authorization Act which allow H-1B extension beyond 6-year limit, DOL will no longer consider adopting a policy of labor certification application expedite for those H-1B professionals who will be approaching 6-year limit.

It appears, though, that DOL missed the point. The need for expedite for labor certification should not focus on the issue of DOL processing delays. The critical factor for consideration should have been "equitable consideration" just as the standard for expedite on the part of the INS and State Department expedite for aging-out cases. In other words, the need for labor certification expedite is heightened for the cases whose H-1B 6-year limit will reach in less than a year, which is analogous to the INS expedite for aging out cases. For these cases, "compelling" nature of situation and need for equitable consideration in the administrative prodeeings are heightened as opposed to those who have been waiting for 365 days or longer. It is submitted that the DOL should, repeat, should still adopt the expedite policy for those who will reach the 6-year H-1B limit within less than 365 days, no matter how long they have been waiting for the labor certification application. In fact, this has been the basis for consideration of expedite at some Regions and State offices that required the proof of approaching 6-year limit within 6 months or less. It is hoped that some Regions or state offices will continue their practice of expedite on equitable consideration.

Source: http://www.immigration-law.com/
 
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for hope97

If there is indeed a lot of certifications - then you may expect to see a backlog at VSC. However, consider this before the wave hits VSC it should flow through NY DOL , and so far we havent seen any backlogs building there. I would have to believe that so far NY and NJ SESA have looked at 245(i) cases, and these are probably incomplete and thus have been pushed to the regular queue. With no other information, that would be my best guess.
 
Do not pay heed to rumours... be optimistic!

Dear All

I do not want to believe in the recent posting in Murthy's website on NY LC processing delays. The recent posting says that the pending 245 (i) cases may now take the entire of 2003! This info sounds questionable. How is it possible that INS informs only one attorney's office with such a crucial processing update? I want to challenge the credibility of this piece of information. In all possibility, no one in the NY INS office has any clue, as to how long it may take to clear the 245 (i) backlog. Any 'unofficial' letter to an attorney's office is not an official INS declaration. The Apr 2001 bottleneck may just get cleared in a few months or may even take longer. There is no point in speculating on rumours. No other attorney's website has this info that the Apr '01 constriction may take the whole of 2003 to clear! I would tend to believe that since the government is revamping the INS with the new home land security bill, the current employees will work harder to prove their credibility and strive to keep their jobs. In that case, the 245 (i) cases will move faster. Cheers
 
I got a reply from another lawyer...

I posted a week or two ago on another thread regarding NYS SWA that I found from a lawyer's site. Reading canindya's post made me go back to the site to re-read the piece of news. It was posted on 11/15/02 in my native language. With lawyer Murthy's newsletter in mind, I send an email to the lawyer to confirm if he meant NY SWA would take another year to deal with the April 2001 cases. His response was "maybe so".

I guess it not good for all of us stuck here. I'd like to see us to sign the petttion led by Mr. Khanna for the LC backlogs. It may be our best and last hope.

Meg
 
I would love to sign such petition and appreciate the efforts made by Mr. Khanna to expedite LC delay in NY.
 
NY labor done

Received by labor dept: 8 May 2001
They sent a query on 13 December 2002
Lawyer replied on 27 January 2003
The Labor was approved on 19 March 2003

so in short: applied on 8 may 2001 and approved on 19 March 2003. Took almost 2 years.
 
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Fast GC

Hi All,

I have been following this forum and have seen the frustations that every one of you are undergoing. I have recently joined a company which has branches in Wisconsin and is very actively filing GC. Irrespective of the consultant's current location, it can be done from Wisconsin. It is current in that state and LC is expected in 2-3 months. If anyone of you are interested, please contact at this email address

ordatabase@hotmail.com
 
Hi,

My LC application was filled from NYC on 15th October 2001 (as per my employer). Is there any way to find if the case was really filled or not?
If there are .......... what info do I ask my employer/attorney to provide me? Because I don't know whether it has been filled for me or not.
Pls advise.

Thanks

srrv
 
Lawyer may have the Fedex tracking number or receipt.

Labor Dept does not give any receipt number, like INS gives the EAC number....So no proof from Labor dept until you get the notice!
 
Hi Ksnm,

Thanks for the response. I appreciate it.

As the case was filed long back(15th October 2001). I guess attorney may not have the FedEx tracking number.

Secondly - I came across word "Case Number" - What is this number? Is this any receipt number from labor dept. acknowledging our file reached there?

Thirdly - when the labor dept send "Notice" and what this notice is?

Thanks and have a great day.

srrv
 
Hi Srrv
It is a normal tag provided by FedEx, at the time of delivery the tag is stamped. On each FedEx tag, there always be a Tracking # that serves the package has been delivered. Normally, the correspondences are kept with the file. I have the same file and copies of all relevant papers submitted to the ALC. You could ask for a copy for your records from your employer/lawyer.
 
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