Real info
I've corrected this message. The source is
www.ilw.com instead of immigration-law.com. egg0504
GCSyndrome said:
where did you get this "official" estimate from? Dallas forum has been reporting approvals from mid 2003 already. does your estimate conserns PBEC only?
This comes from the verdict of a trial (see more info on
www.ilw.com) Some companies and their foreign employees tried to speed up their case using a legal instrument (mandamus). Unfortunately, there are certain criterias that the case should reflect in order to issue the mandamus, and in this case DOL could protect itself very well:
1. They had too many cases (245i amnesty cases), other prioritized tasks (H-1B, H-2) and inadequate resources (money and employees).
2. Speeding up these cases doesn't help in general, because it's only doable by putting them in front of other LC petitions.
3. DOL also proved that - even if nobody on this forum believes it - they've done everything possible to adjudicate as many cases as possible (detailed efforts in the document) and even though there's no deadline on LC cases, they gave those estimations that you questioned to the judge.
The outcome: the judge saw no reason to force DOL to work faster.
By the way, an attorney on ilw.com added some explanation to the document saying that instead of criticizing the BECs or PERM, the basics should be attacked: the immigration law itself and DOLs working order that's "based" on the law. Plus, if DOL fails those deadlines given by them, that might be the base of further legal action. On the other hand, I think they were very careful, because they mentioned only RIR and only until mid-2003 (all these cases within 18 months from now), so there's no guarantee, that a March 2005 TR case won't be still partially entered eg. 10 years later.