Philadelphia Regional DOL Tracker - Old (Archived on 09/23/2004)
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Narla said:
I've been following some other threads. It looks like there are approvals, albeit slow in nature, but approvals neverthless on at least one other DOL that I follow regularly.
Nothing seems to happen here...
Or is it that the ppl getting approved are not on this portal at all or dont come back to report anything... whats up with that guys and gals..
spidey said:I've been following some other threads. It looks like there are approvals, albeit slow in nature, but approvals neverthless on at least one other DOL that I follow regularly.
Nothing seems to happen here...
Or is it that the ppl getting approved are not on this portal at all or dont come back to report anything... whats up with that guys and gals..
I see only CA DOL thread updated regularly with info either approval or nofs, but not here. I think Phili DOL is veeeeeery slow.
Choclito said:Guys, we have to wait a few weeks to see a lot of aprovals.... remember that today begin the Backlog Reduction Centers..... I am very confident that ths will help us all..... if anyone have notice about BRC please let us know inmeidtly
Optimism on this thread! What a breath of fresh air
spidey said:I've been following some other threads. It looks like there are approvals, albeit slow in nature, but approvals neverthless on at least one other DOL that I follow regularly.
Nothing seems to happen here...
Or is it that the ppl getting approved are not on this portal at all or dont come back to report anything... whats up with that guys and gals..
I think Dallas is in the same boat... maybe worse.
csrini1 said:
What do you mean by very slow?? They have not moved AT ALL, not a single day or a week in the past 7 months.
It's not slow, its stuck, you may call it still, stationary, stagnant, static, dormant or inactive but for god sake don't call it slow. I would take slow any day over whats going on right now at Philly.
Choclito said:Hello, do you have any news about the Backlog Reduction Centers ????
I think we'd better sit and wait for awhile to see whether we'll really see some big improvement. As I said before, we should be able to see progress after August. If not, I'll open my HOT-LINE again to try to get some insight for you guys
--Tomshu
Tomshu,
My heart says to believe you but my mind says otherwise. What is funny is that none of the lawyers seam to know what is going on. Some even do not know about the reducting center and if Aug20 is some important date.
In lack of all these sources I want to believe you but then why would you know so much and not others (I know you were lucky, you got a direct number to someone inside and it's right on your part in not revealing that number). I hope that you are right and would let us know more.
Thanks,
My heart says to believe you but my mind says otherwise. What is funny is that none of the lawyers seam to know what is going on. Some even do not know about the reducting center and if Aug20 is some important date.
In lack of all these sources I want to believe you but then why would you know so much and not others (I know you were lucky, you got a direct number to someone inside and it's right on your part in not revealing that number). I hope that you are right and would let us know more.
Thanks,
Hi guys,
I know that this might not be the correct forum to post this question. However, if someone can share his/her views regarding this, it will be highly appreciated.
I am waiting for my Federal labor application to be certified. Currently I have a valid H1-B, but it is not stamped on my passport. Last year I got the H1-B stamped from India, but that visa expired. Is it reasonably safe for me to travel to India now to get my H1-B stamp?
Hope that I am not annoying those for whom this question is not relevant.
Thanks,
Rania
I know that this might not be the correct forum to post this question. However, if someone can share his/her views regarding this, it will be highly appreciated.
I am waiting for my Federal labor application to be certified. Currently I have a valid H1-B, but it is not stamped on my passport. Last year I got the H1-B stamped from India, but that visa expired. Is it reasonably safe for me to travel to India now to get my H1-B stamp?
Hope that I am not annoying those for whom this question is not relevant.
Thanks,
Rania
whatheheck
Registered Users (C)
Hi Rani A
You can go to India and get your passport stamped. But remember you have to appear personally in US consulate for finger printing and other racial profiling.
You can go to India and get your passport stamped. But remember you have to appear personally in US consulate for finger printing and other racial profiling.
PERM Final Regulation Rulemaking Process in ZigZag
* There is a wide spread rumor in the immigration lawyers community that the OMB review will not be completed until the November election is over. This rumor is premised on the theory that the White House is strongly opposing this regulation for the reason that it may be taken as an amnesty by the public and can affect the election. However, this rumor can materialize only if the President turns down the regulation because of the law that governs the OMB review. Because of the OMB review rule, the PERM regulation will have to be either rejected by the President or approved within 180 days from the date of submission of the regulation by the DOL, which was February 23, 2004. Let's review the OMB review rules.
* The law that governs the OMB review is Executive Order 12866 of October 4, 1993. The Section 6 (b)(2) provides that OIRA (subunit of OMB) "shall" waive or notify the agency in writing of the results of its review within the following time periods: (A) For any notices of inquiry, advance notices of proposed rulmaking, or other preliminary regulatory actions prior to a Notice of Proposed Rulemaking, within 10 working days after the date of submission of the draft action to OIRA. (B) For all other regulatory actions, within 90 calendar days after the date of submission of the information..., unless OIRA has previsouly reviewed this information and, since that review, there hs been no matierial change in the facts and circumstancds upon which the regulatory action is based, in which case, OIRA shall complete its review within 45 days; and (C) The review process may be extended (1) once by no more than 30 calendar days upon the written approval of the Director and (2) at the request of teh agency head.
* The PERM regulation falls under Section 6(b)(2)(B) and (C). As we reported earlier, the DOL Foreign Labor Certification Chief disclosed that there was material changes to the Proposed PERM regulation as the DOL's final regulation incorporated substantial changes to the published Proposed PERM Regulation. Accordingly, under the Section 6(b)(B), the OMB was given 90 days to complete the review, which expired on May 21, 2004. However, the DOL Chief also disclosed that on May 21, 2004, it requested the OMB to extend the review because of the concerns of fraud raised by its sister/brother federal agencies and apparently part of the regulation were revised. Under the Section 6(b)(2)(C), the OMB was given only 30-day extension, which expired on June 20, 2004.
* Why this regulation is still under the OMB review and under what authority? The Section 7 of the Executive Order 12866 states that in the event that there is a conflict among agencies which cannot be resolved by the Director of OIRA(OMB), it moves to the Vice President to resolve the conflict and the President and Vice President make a decision. Under the provision, though, such resolution must be made within 60 days from the referral by the Director. Assumedly, this 60-day also expired on August 20, 2004. The fact that the case is still at the OMB reflects that the OMB could not resolve the conflict and turned over to the Vice President for resolution. Otherwise, the OMB should have completed by June 20, 2004 one way or another. The OMB cannot arbitrarily change the review period. Now the expiration date of the resolution of the issues by the Vice President and the President is gone, and the President must announce his decision. Under the Executive Order, he does not have authority to extend the OMB review any further, Either he should reject the rulemaking or approve it as far as this reporter see the Executive Order 12866. We hope to see such announcement within next week.
Interested persons may read the full text of Executive Order 12866.
Thank you,
orissa.
* There is a wide spread rumor in the immigration lawyers community that the OMB review will not be completed until the November election is over. This rumor is premised on the theory that the White House is strongly opposing this regulation for the reason that it may be taken as an amnesty by the public and can affect the election. However, this rumor can materialize only if the President turns down the regulation because of the law that governs the OMB review. Because of the OMB review rule, the PERM regulation will have to be either rejected by the President or approved within 180 days from the date of submission of the regulation by the DOL, which was February 23, 2004. Let's review the OMB review rules.
* The law that governs the OMB review is Executive Order 12866 of October 4, 1993. The Section 6 (b)(2) provides that OIRA (subunit of OMB) "shall" waive or notify the agency in writing of the results of its review within the following time periods: (A) For any notices of inquiry, advance notices of proposed rulmaking, or other preliminary regulatory actions prior to a Notice of Proposed Rulemaking, within 10 working days after the date of submission of the draft action to OIRA. (B) For all other regulatory actions, within 90 calendar days after the date of submission of the information..., unless OIRA has previsouly reviewed this information and, since that review, there hs been no matierial change in the facts and circumstancds upon which the regulatory action is based, in which case, OIRA shall complete its review within 45 days; and (C) The review process may be extended (1) once by no more than 30 calendar days upon the written approval of the Director and (2) at the request of teh agency head.
* The PERM regulation falls under Section 6(b)(2)(B) and (C). As we reported earlier, the DOL Foreign Labor Certification Chief disclosed that there was material changes to the Proposed PERM regulation as the DOL's final regulation incorporated substantial changes to the published Proposed PERM Regulation. Accordingly, under the Section 6(b)(B), the OMB was given 90 days to complete the review, which expired on May 21, 2004. However, the DOL Chief also disclosed that on May 21, 2004, it requested the OMB to extend the review because of the concerns of fraud raised by its sister/brother federal agencies and apparently part of the regulation were revised. Under the Section 6(b)(2)(C), the OMB was given only 30-day extension, which expired on June 20, 2004.
* Why this regulation is still under the OMB review and under what authority? The Section 7 of the Executive Order 12866 states that in the event that there is a conflict among agencies which cannot be resolved by the Director of OIRA(OMB), it moves to the Vice President to resolve the conflict and the President and Vice President make a decision. Under the provision, though, such resolution must be made within 60 days from the referral by the Director. Assumedly, this 60-day also expired on August 20, 2004. The fact that the case is still at the OMB reflects that the OMB could not resolve the conflict and turned over to the Vice President for resolution. Otherwise, the OMB should have completed by June 20, 2004 one way or another. The OMB cannot arbitrarily change the review period. Now the expiration date of the resolution of the issues by the Vice President and the President is gone, and the President must announce his decision. Under the Executive Order, he does not have authority to extend the OMB review any further, Either he should reject the rulemaking or approve it as far as this reporter see the Executive Order 12866. We hope to see such announcement within next week.
Interested persons may read the full text of Executive Order 12866.
Thank you,
orissa.
Good News -- I-140 Portability
AILA has taken the position that the statute merely requires an I-140 and an
I-485 to be pending for 180 days in order for a beneficiary to be “portable”
with regard to a change of employers or a change of jobs with the same
employer to a same or similar occupation. Previous memos issued by CIS had
inferred that an I-140 must be approved and that the I-485 must then be
pending for 180 days before portability attaches. The new General Counsel of
the CIS, former AILA member, Robert Devine, and William Yates appear to have
agreed with AILA that an I-485 beneficiary may “port” to a new employer or
position if the I-485 has been pending for 180 days, regardless of whether or
not the I-140 has been approved. The subsequent withdrawal of the I-140 by a
petitioner or denial of the I-140 petition by the Service Center would have no
impact on the beneficiary’s status in the U.S. CIS is now drafting a formal
memo to this effect.
http://boards.immigration.com/attachment.php?attachmentid=8501
That means if you turn in I-140/ I-485 together, you can change employer after 180 days and continue I140/I485.
Right now, you can change employer only
1. I140 approved and
2. I485 pending 180 days.
AILA has taken the position that the statute merely requires an I-140 and an
I-485 to be pending for 180 days in order for a beneficiary to be “portable”
with regard to a change of employers or a change of jobs with the same
employer to a same or similar occupation. Previous memos issued by CIS had
inferred that an I-140 must be approved and that the I-485 must then be
pending for 180 days before portability attaches. The new General Counsel of
the CIS, former AILA member, Robert Devine, and William Yates appear to have
agreed with AILA that an I-485 beneficiary may “port” to a new employer or
position if the I-485 has been pending for 180 days, regardless of whether or
not the I-140 has been approved. The subsequent withdrawal of the I-140 by a
petitioner or denial of the I-140 petition by the Service Center would have no
impact on the beneficiary’s status in the U.S. CIS is now drafting a formal
memo to this effect.
http://boards.immigration.com/attachment.php?attachmentid=8501
That means if you turn in I-140/ I-485 together, you can change employer after 180 days and continue I140/I485.
Right now, you can change employer only
1. I140 approved and
2. I485 pending 180 days.
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