Philadelphia Regional DOL Tracker

I am sure, I asked it last time and I am sure the answer was state application date, and it makes sense.

Thanks
a
 
akela said:
Hi Tomshu,

Can you make the call today. I tried but could not get through. The questions are

1. when are the letters going out
2.The exact answer (I suspect BRC still does not know what is going on) on will Philly cases be processed first and how does the FIFO thing plays into it.
3. How does the PERM processing effect us. Does that mean people applying under PERM will get ahaead of us? (Highly unlikely that she would know answer of it).
4. The last one, I suspect she would not know one way or the other but, what is the deal about current processing date regressing.

Thanks in advance,
a


Tried, but looks like nobody in BEC works on Saterday :mad:
 
The impression I got from reading above is that Philly Regional DOL cases are the first batch that are being entered into the new system. But as for the actual case processing (review and approval), it will be done FIFO based on Priority date.
 
Time line and FIFO

Averagely, each center will have about 150000 cases and they are supposed to be finished in 24 months. Assume the overhead is two months. Then the center should process 7000 cases per month approximately. Now that Philly regional has about 10000 cases, the processing time will be about one and half months.

Therefore, as long as Philly cases are processed first, no matter what base FIFO is, it's not a big deal. Now that we all have waited for a long time, of course, we have no problem with another one month or two.

SO thing will go smoothly.
 
:confused: :confused: :confused: :confused:Can someone have any Idea what they will do to our application in Phily DOL or BEC whatever.
Since it always been cleared from SESA. Do they check everything again like SESA did or simply put a stamp on it " Approved " and then send to our employer.

I am asking all this because one of friend saying all they will do put big Violet Color Stamp :( " Approval ", evelop with $0.37 postal stamp and send that to local post office.
 
orissa said:
:confused: :confused: :confused: :confused:Can someone have any Idea what they will do to our application in Phily DOL or BEC whatever.
Since it always been cleared from SESA. Do they check everything again like SESA did or simply put a stamp on it " Approved " and then send to our employer.

I am asking all this because one of friend saying all they will do put big Violet Color Stamp :( " Approval ", evelop with $0.37 postal stamp and send that to local post office.

Thats what we want.. Don't we ?
 
Anticipated EB Priority Date Retrogression, AC-21, and Survivability

:( In about a month and two weeks or so, the immigrant community will see the January 2005 Visa Bulletin. According to the State Department prediction, some categories of employment-based cases may see retrogression of visa numbers. In most likelihood, the potential candidates are China and India and EB-3 rather than EB-2 or EB-1. It is anybody's guess at this time when it comes to a question "how steep the number may move backward."

:( The old timers may remember that the oversubscription of the employment-based visa numbers was the norm rather than exception in old days. In this regard, the current immigrants in this country in fact enjoyed heiday in that the visa numbers have been "current" in all employment-based categories. Here we will look at the impact of retrogression on the immigrants.

:( In old days, no matter how long it took, the alien had to keep the employment with the sponsoring employer or otherwise they lost the opportunity to adjust status to a lawful permanent resident. Things have changed since then. Now, we have AC-21 that allows the alien to change employment after 180 days of I-485 filing and the aliens have a better chance to survive while awaiting the visa numbers and approval of I-485. That much, the immigrants of today are luckier than the old immigrants.

:( However, don't jump yet! Here are the bad parts. Currently, I-485 applicants cannot change employment unless the I-140 is "first approved." Accordingly, not every I-485 waiter will have a luck to survive. Worse yet, there is a pontential policy that will come into play once the visa number becomes unavailable - a policy of not adjudicating I-140 petitions for those cases for which visa numbers are not available. Indeed, the legacy INS adopted such policy in old days. Even now, in the family-based immigrant petitions (I-130), the USCIS adopts exactly this policy in that the Service Centers do not process I-130 immigrant petitions until the visa numbers become available. Such policy is justified in that it will be effective use of given resources to adjudicate the petitions for those whose I-485 can also be adjudicated because the visa number is available. On the other hand, arguably, the resources are allocated for wrong cases if the USCIS adjudicates I-140 petitions for which visa numbers are not available and even if the I-140 is approved, the alien will not be able to get his/her I-485 adjudicated for a long time until the visa number becomes available for him or her. Thus, should this policy be revived by the USCIS, the immigrants of the retrogressed categories will indeed witness a nightmare. If visa number is not available, it is likely under this policy that the USCIS will not adjudicate I-140, no matter whether it is filed independently or concurrently with I-485. Since I-140 will not be adjudicated until the visa number becomes available, the aliens may not be able to change employment even if they file a concurrent I-140/I-485 package. Depending on how long it will take to reach the numbers, the system will produce a plenty of I-485 filer victimes who may not be able to survive the test of the times unless the economy really turns around and there will be plenty of jobs for everyone. In this regard, retrogression means more than "just waiting."

Good For US who waited so long for Labor Certification

:( Who will be real winners? The real winners are three groups: One is the group who have attained the approval of I-140 petitions when his/her I-485 application is tolled because of the retrogression in that the people in this group can change employment and survive while his/her visa number becomes current in the Visa Bulletin. The second group is those who happen to have earlier priority date because of the terrible pains they have endured for the past several years. There are a huge number of people who have been waiting and waiting "for years" to get the labor certification applications. The pain must have been unbearable. But these people will be rewarded for their past suffering. The DOL has decided to process 300,000-some backlog cases in the order of First In First Out, and longer they had waited, sooner they will see the labor certification applications be adjudicated. Besides, since their priority dates (labor certification application filing dates) go back several years, even if the visa numbers move backward, they may not be caught up by the "visa cut off date" unless the Visa Bulletin moves backward many many years. From here on, it is extremely important that they may not want to abandon the pending labor certification cases to go for a new labor certification application or substitution route since they will lose the old priority date. The third group is those who are not caught up with the visa number unavailability. Most of the nationals other than the oversubscribed nations will be benefited from the retrogression in that should the USCIS decides to adjudicate I-140 petitions and I-485 applications for whom visa numbers are available, more resources will become available within the Service Centers to adjudicate their cases and they will be able to get approval of I-140 and I-485 sooner than expected, assuming that the USCIS indeed decides not to adjudicate I-140 petitions for those whose priority dates are not available. INDEED, LIFE IS A GAMBLE!!

Source: Immigration-law.com
 
EB-2 vs. other categories

Hi All

I have just entered this forum. My LC was just transferred to Phily DOL (as RIR). Would it carry more significance since it was filed as EB-2?

Thanks
kasyap
 
Hi,
My case has been remanded to State(Delaware) on May04 .I have tried to know the status from AVM with the Case Number but that phone no is not working.
Is there anyway that I can find out the status???
Please let me know if there is any ?
Thank You in Advance
 
Last edited by a moderator:
sreesiri said:
Hi,
My case has been remanded to State(Delaware) on May04 .I have tried to know the status from AVM with the Case Number but that phone no is not working.
Is there anyway that I can find out the status???
Please let me know if there is any ?
Thank You in Advance


The AVM not working, please wait with patience. No there no other way to check your case status. We hundreds of here just waiting patiently.
 
Priority Date Question

When priority dates are considered for visa numbers i.e. whether you can file for 485 or not what date is considered as priority date: the date that your labor application went to State level or when it was received at the Federal/Regional level.

Thanks.
 
narayan_kumar said:
When priority dates are considered for visa numbers i.e. whether you can file for 485 or not what date is considered as priority date: the date that your labor application went to State level or when it was received at the Federal/Regional level.

Thanks.

I understand it to be the SWA (State) level receipt date. I am not an expert nor a lawyer etc etc... but I have no doubt about this.
 
Any Updates on BRC/BEC?

Tomshu, Akela or Anybody,

Is there any progress with BRC/BEC? Please keep us all posted.

AwardMyGC
 
spidey said:
I understand it to be the SWA (State) level receipt date. I am not an expert nor a lawyer etc etc... but I have no doubt about this.

That is what they say, but I have serious doubts about that. I think they look only at the date the application was sent to Vermont or any other processing center.

The reason for my scepticism is simple really:

The current date for Vermont 485 is June 2003. If they were processing based on SWA date, then June 2003 would be the SWA date they are processing. Then since my SWA date is around Apr 2003, I should expect my 485 to be approved right away when I finally send it to Vermont. I doubt thats going to happen :D
The 'June 2003' date actually refers to the date an application was received in Vermont. And that is the date they use to set priority. (As an aside, that the whole reason why some people do 'forum shopping' to get LCs faster. If 485s bere based only on SWA date, then getting an LC faster would be of no advantage.. see what I mean?)
 
Infomation Received from Phil DOL BRC

akela said:
Hi Tomshu,

Can you make the call today. I tried but could not get through. The questions are

1. when are the letters going out

Maybe by the end of this week or at least by next week , letters will be sent out.

2.The exact answer (I suspect BRC still does not know what is going on) on will Philly cases be processed first and how does the FIFO thing plays into it.

She still does not know yet. But the Phil BER has finished inputing the Phil Regional DOL cases. They are currently inputing the San Francisco cases. And she said since they are combining both state's and regional's cases together, it's highly possible that all the cases will be processed according to the priority dates for the sake of faireness (FIFO)

3. How does the PERM processing effect us. Does that mean people applying under PERM will get ahaead of us? (Highly unlikely that she would know answer of it).

The BRC doe not deal with PERM, moreover PERM has not been published yet. Her expectaion is under the new PERM system the rules may allow the old cases to be converted into PERM ones.

4. The last one, I suspect she would not know one way or the other but, what is the deal about current processing date regressing.

If cases to be processed according to FIFO, there will be some date regressing.

Thanks in advance,
a
 
Priority Date

Priority Date for Immigrant Visa number availability is the date a labor certification application is received at a SWA or State level.

Pineapple, you are right about the processing dates posted at Vermont. When you want to track the progress of any case, you have to follow the date that is received by the service center.

However Priority Date is different.
 
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