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Philadelphia Regional DOL Tracker - Old (Archived on 09/23/2004)
- Thread starter ramss
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settling_withgc
Registered Users (C)
Lawyer Talk
Hi
I talked to my lawyer ... who said that it is going to take around 5 months to get the federal ....
I know those are stats he talked about, but are there people with DOL date in Aug'03.
Hi
I talked to my lawyer ... who said that it is going to take around 5 months to get the federal ....
I know those are stats he talked about, but are there people with DOL date in Aug'03.
testuser2003
Registered Users (C)
my dol date is aug 18th. so ita gonna take 5 months..! my lawyer sadi they are processing june/july. any other views?
settling_withgc
Registered Users (C)
Hi
hi ..
is ur lawyer from texas ????
hi ..
is ur lawyer from texas ????
DOL Processing
At this stage it seems to be inappropriate which month they are processing as they have practically stopped working on our pending cases since last three months.It is at stand still and no one knows how much time it is going to take for them to resume work and clear the back log .
According to my attorney that they are working on April RIR cases , so all different unexpected misguiding answers we get. At times I doubt whether attorney talks with DOL personnel on our request or they bluff with us to keep ball rolling.There is no way to check the feed back we get from them is trust worthy or not. On the whole there is lot of uncertainty. We need to keep patient and keep our forum active in the interest of all.
Good Luck
budct
At this stage it seems to be inappropriate which month they are processing as they have practically stopped working on our pending cases since last three months.It is at stand still and no one knows how much time it is going to take for them to resume work and clear the back log .
According to my attorney that they are working on April RIR cases , so all different unexpected misguiding answers we get. At times I doubt whether attorney talks with DOL personnel on our request or they bluff with us to keep ball rolling.There is no way to check the feed back we get from them is trust worthy or not. On the whole there is lot of uncertainty. We need to keep patient and keep our forum active in the interest of all.
Good Luck
budct
Re: DOL Processing
I couldn't agree with you more. I think even DOL is BS'ing us here and not giving correct information. We all read the posts during last couple of months that DOL is processing non-RIR applications and blah blah...
And the most recent explanation is that DOL is waiting for the
regulations, expected mid-Nov. Looking at DOL track record (for example PERM), mid-Nov can be 2003 or 2004 or beyond... And, another confusing point is, other DOLs seem to approve the cases!!! Why would some regulations be specific for Phly. DOL??? I am sure either they are using our applications for PERM testing or some thing like that...
This is more than frustrating and ridiculous...Do we have any other options than just waiting like this forever at their mercy???
-Prad
I couldn't agree with you more. I think even DOL is BS'ing us here and not giving correct information. We all read the posts during last couple of months that DOL is processing non-RIR applications and blah blah...
And the most recent explanation is that DOL is waiting for the
regulations, expected mid-Nov. Looking at DOL track record (for example PERM), mid-Nov can be 2003 or 2004 or beyond... And, another confusing point is, other DOLs seem to approve the cases!!! Why would some regulations be specific for Phly. DOL??? I am sure either they are using our applications for PERM testing or some thing like that...
This is more than frustrating and ridiculous...Do we have any other options than just waiting like this forever at their mercy???
-Prad
Originally posted by budct
At this stage it seems to be inappropriate which month they are processing as they have practically stopped working on our pending cases since last three months.It is at stand still and no one knows how much time it is going to take for them to resume work and clear the back log .
According to my attorney that they are working on April RIR cases , so all different unexpected misguiding answers we get. At times I doubt whether attorney talks with DOL personnel on our request or they bluff with us to keep ball rolling.There is no way to check the feed back we get from them is trust worthy or not. On the whole there is lot of uncertainty. We need to keep patient and keep our forum active in the interest of all.
Good Luck
budct
bad response from attorney
I called my attorney to check the status of my LC which moved to philly on july 23 and till now no news ...When i asked him whats the matter do u know whats going on .He says well u need to wait no rush to it ...
I don't understand one thing why can't they give one good answer why don't attorney's try to contact the regional office to know whats happening alteast when they are no approvals ...
I think they are paid to serve us and stil lthey don't show any interest and companies want us to pay for the LC still the attorney's dont give the respect to answer the calls in proper manner ...
Do they ever realize that there also used to be in the same shoes as us....I am pretty sure they would have also called there attorney's for some fedback ....
It's tough to know the fact Philly is dead stop in processing ...
Are there any good attorney's whom can answer all of for questions of whats the matter with the philly cases .
Can anyone one attorney can light us with some fedback.
writing in frustration
I called my attorney to check the status of my LC which moved to philly on july 23 and till now no news ...When i asked him whats the matter do u know whats going on .He says well u need to wait no rush to it ...
I don't understand one thing why can't they give one good answer why don't attorney's try to contact the regional office to know whats happening alteast when they are no approvals ...
I think they are paid to serve us and stil lthey don't show any interest and companies want us to pay for the LC still the attorney's dont give the respect to answer the calls in proper manner ...
Do they ever realize that there also used to be in the same shoes as us....I am pretty sure they would have also called there attorney's for some fedback ....
It's tough to know the fact Philly is dead stop in processing ...
Are there any good attorney's whom can answer all of for questions of whats the matter with the philly cases .
Can anyone one attorney can light us with some fedback.
writing in frustration
PhillyJulyLC
Registered Users (C)
Re: bad response from attorney
I was told that about two weeks ago they were still processing non-RIR, and were coming back to RIR. However, we haven't seen any RIR approval from this forum yet, and non-RIR date is not moving fast either. It's hard to find an honest lawyer even an immigration lawyer. That's what they are...but guys don't give up, keep doing what you can to push it, because that's the only thing we can do. The more you push your attorney the more likely they will ask DOL about it, and who knows may be we could somehow more or less make the ball rolling just a little faster...thanks for sharing and let's hope things will get better soon.Originally posted by ilusrini
I called my attorney to check the status of my LC which moved to philly on july 23 and till now no news ...When i asked him whats the matter do u know whats going on .He says well u need to wait no rush to it ...
I don't understand one thing why can't they give one good answer why don't attorney's try to contact the regional office to know whats happening alteast when they are no approvals ...
I think they are paid to serve us and stil lthey don't show any interest and companies want us to pay for the LC still the attorney's dont give the respect to answer the calls in proper manner ...
Do they ever realize that there also used to be in the same shoes as us....I am pretty sure they would have also called there attorney's for some fedback ....
It's tough to know the fact Philly is dead stop in processing ...
Are there any good attorney's whom can answer all of for questions of whats the matter with the philly cases .
Can anyone one attorney can light us with some fedback.
writing in frustration
NEWS!! NEWS!!
From courtesy from other threads!!!
Guidelines
News
DOL Provides Guidance on RIR Labor Certifications
November 20, 2003 - The Department of Labor (DOL) issued its long-waited guidance today on RIR labor certifications pending at the regional DOL offices in a memorandum for regional certifying officers. The guidance directs the certifying officers to conduct an initial review of all pending RIR applications for "completeness/compliance." If the application is found to meet the completeness/compliance requirements, the memorandum directs that:
(a) if the position requires a "Bachelor's Degree and three (3) or more years of experience or a Master's Degree (+) six (6) months of experience," the application should be certified, OR
(b) if "the level of recruitment and the detail provided in the recruitment report" satisfy the certifying officer that further recruitment is unnecessary, then the application should be certified.
In other words, applications for positions with higher level requirements and applications that contained detailed reports of recruiting results (for U.S. workers), regardless of the positions' requirements, will be certified (approved).
Many if not most RIR applications filed in recent years contained only summary recruitment results, and thus would not qualify for certification immediately unless the position's requirements met the "Bachelors and three years or Masters and six months" standard. For all other applications, the certifying officers are directed to offer employers the following options:
(a) Withdraw the application totally.
(b) Have the case remanded to the State Workforce Agency (SWA) for recruiting at a later date under "traditional" agency-supervised processing.
(c) Conduct a one-day advertisement "retest" of the labor market with a detailed report of the disposition of all applicants.
In satisfaction of the retest option, the guidance directs the certifying officers to accept current recruitment performed within the past six (6) months. Employers will be permitted to modify the applications by including different job requirements or additional duties. This permission to modify the requirements is in response to many employers' complaints that they were strongly encouraged to use only the most common or streamlined requirements in RIR applications that were filed during the tight labor market of years past.
Labor certification is the first stage of the employment-based green card (immigrant) process. Recruitment is required to test the labor market in order to demonstrate that there are not sufficient qualified U.S. workers available, willing and able for positions with specific requirements. RIR labor certification was promoted nationally beginning in 1996 to streamline the process, and permitted employers to conduct their own recruitment and report results in advance of filing the application. During the height of the tight labor market, employers were encouraged to file RIR applications with only summary reports of recruitment results, since the unavailability of sufficient qualified U.S. workers was widely recognized.
The memorandum makes no mention of a remedy for applications that were remanded to the SWA but that would benefit from the new guidance. Whether the regional DOL offices will recall remanded applications or wait for motions to reconsider to be filed is not yet clear and will be a primary question in many regions; Berry, Appleman & Leiden will continue to pursue a beneficial outcome.
Berry Appleman & Leiden is also working with employers to make individual case assessments and plans so that they can promptly take advantage of the benefits of the guidance
-Warren R. Leiden
Berry Appleman & Leiden LLP
San Francisco
From courtesy from other threads!!!
Guidelines
News
DOL Provides Guidance on RIR Labor Certifications
November 20, 2003 - The Department of Labor (DOL) issued its long-waited guidance today on RIR labor certifications pending at the regional DOL offices in a memorandum for regional certifying officers. The guidance directs the certifying officers to conduct an initial review of all pending RIR applications for "completeness/compliance." If the application is found to meet the completeness/compliance requirements, the memorandum directs that:
(a) if the position requires a "Bachelor's Degree and three (3) or more years of experience or a Master's Degree (+) six (6) months of experience," the application should be certified, OR
(b) if "the level of recruitment and the detail provided in the recruitment report" satisfy the certifying officer that further recruitment is unnecessary, then the application should be certified.
In other words, applications for positions with higher level requirements and applications that contained detailed reports of recruiting results (for U.S. workers), regardless of the positions' requirements, will be certified (approved).
Many if not most RIR applications filed in recent years contained only summary recruitment results, and thus would not qualify for certification immediately unless the position's requirements met the "Bachelors and three years or Masters and six months" standard. For all other applications, the certifying officers are directed to offer employers the following options:
(a) Withdraw the application totally.
(b) Have the case remanded to the State Workforce Agency (SWA) for recruiting at a later date under "traditional" agency-supervised processing.
(c) Conduct a one-day advertisement "retest" of the labor market with a detailed report of the disposition of all applicants.
In satisfaction of the retest option, the guidance directs the certifying officers to accept current recruitment performed within the past six (6) months. Employers will be permitted to modify the applications by including different job requirements or additional duties. This permission to modify the requirements is in response to many employers' complaints that they were strongly encouraged to use only the most common or streamlined requirements in RIR applications that were filed during the tight labor market of years past.
Labor certification is the first stage of the employment-based green card (immigrant) process. Recruitment is required to test the labor market in order to demonstrate that there are not sufficient qualified U.S. workers available, willing and able for positions with specific requirements. RIR labor certification was promoted nationally beginning in 1996 to streamline the process, and permitted employers to conduct their own recruitment and report results in advance of filing the application. During the height of the tight labor market, employers were encouraged to file RIR applications with only summary reports of recruitment results, since the unavailability of sufficient qualified U.S. workers was widely recognized.
The memorandum makes no mention of a remedy for applications that were remanded to the SWA but that would benefit from the new guidance. Whether the regional DOL offices will recall remanded applications or wait for motions to reconsider to be filed is not yet clear and will be a primary question in many regions; Berry, Appleman & Leiden will continue to pursue a beneficial outcome.
Berry Appleman & Leiden is also working with employers to make individual case assessments and plans so that they can promptly take advantage of the benefits of the guidance
-Warren R. Leiden
Berry Appleman & Leiden LLP
San Francisco
PhillyJulyLC
Registered Users (C)
Re: NEWS!! NEWS!!
This is so very helpful. thanks a lot! Where did you get the report? Any idea where the original is?Originally posted by kishuibm
From courtesy from other threads!!!
Guidelines
News
DOL Provides Guidance on RIR Labor Certifications
November 20, 2003 - The Department of Labor (DOL) issued its long-waited guidance today on RIR labor certifications pending at the regional DOL offices in a memorandum for regional certifying officers. The guidance directs the certifying officers to conduct an initial review of all pending RIR applications for "completeness/compliance." If the application is found to meet the completeness/compliance requirements, the memorandum directs that:
(a) if the position requires a "Bachelor's Degree and three (3) or more years of experience or a Master's Degree (+) six (6) months of experience," the application should be certified, OR
(b) if "the level of recruitment and the detail provided in the recruitment report" satisfy the certifying officer that further recruitment is unnecessary, then the application should be certified.
In other words, applications for positions with higher level requirements and applications that contained detailed reports of recruiting results (for U.S. workers), regardless of the positions' requirements, will be certified (approved).
Many if not most RIR applications filed in recent years contained only summary recruitment results, and thus would not qualify for certification immediately unless the position's requirements met the "Bachelors and three years or Masters and six months" standard. For all other applications, the certifying officers are directed to offer employers the following options:
(a) Withdraw the application totally.
(b) Have the case remanded to the State Workforce Agency (SWA) for recruiting at a later date under "traditional" agency-supervised processing.
(c) Conduct a one-day advertisement "retest" of the labor market with a detailed report of the disposition of all applicants.
In satisfaction of the retest option, the guidance directs the certifying officers to accept current recruitment performed within the past six (6) months. Employers will be permitted to modify the applications by including different job requirements or additional duties. This permission to modify the requirements is in response to many employers' complaints that they were strongly encouraged to use only the most common or streamlined requirements in RIR applications that were filed during the tight labor market of years past.
Labor certification is the first stage of the employment-based green card (immigrant) process. Recruitment is required to test the labor market in order to demonstrate that there are not sufficient qualified U.S. workers available, willing and able for positions with specific requirements. RIR labor certification was promoted nationally beginning in 1996 to streamline the process, and permitted employers to conduct their own recruitment and report results in advance of filing the application. During the height of the tight labor market, employers were encouraged to file RIR applications with only summary reports of recruitment results, since the unavailability of sufficient qualified U.S. workers was widely recognized.
The memorandum makes no mention of a remedy for applications that were remanded to the SWA but that would benefit from the new guidance. Whether the regional DOL offices will recall remanded applications or wait for motions to reconsider to be filed is not yet clear and will be a primary question in many regions; Berry, Appleman & Leiden will continue to pursue a beneficial outcome.
Berry Appleman & Leiden is also working with employers to make individual case assessments and plans so that they can promptly take advantage of the benefits of the guidance
-Warren R. Leiden
Berry Appleman & Leiden LLP
San Francisco
PhillyJulyLC
Registered Users (C)
Re: Opinion
It is definetely good for EB2 cases, that's for sure. For EB3, it's hard to say, depending on individual cases... Now that the regulations are out there, we can expect they will speed up a bit. Guys, especially those May/June or even July filers please check your status more often, and update us whenever there is any news.Originally posted by pan1975
The news seems to like a good news.. lets discuss about this guys ...
need_green_card
Registered Users (C)
philly dol
I talk to my lawyer yesterday and he said that there are only 5 officers working on all kind of cases at Philly DOL, they are trying to clear the backlog applications first, it seems like they have a huge amount of backlog applications, don't know how much time its gonna take more.
Will keep you posted.
I talk to my lawyer yesterday and he said that there are only 5 officers working on all kind of cases at Philly DOL, they are trying to clear the backlog applications first, it seems like they have a huge amount of backlog applications, don't know how much time its gonna take more.
Will keep you posted.
RIR or NON-RIR
I Talked to my about new rule and he told me that this rule will be applicable to backlog applications but not to those applied to recently( may be 1 year). Any one had any ideas,Is this true?
_________________________________________________
As far as i know RIR backlogs are only from May 03(6 months). May be he is talking about Non-RIR applications (even for NON-RIR they are curretly processing Jan 03).
I Talked to my about new rule and he told me that this rule will be applicable to backlog applications but not to those applied to recently( may be 1 year). Any one had any ideas,Is this true?
_________________________________________________
As far as i know RIR backlogs are only from May 03(6 months). May be he is talking about Non-RIR applications (even for NON-RIR they are curretly processing Jan 03).
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