Philadelphia Regional DOL Tracker

AwardMyGC said:

ojp2,

Everyone knows that Tomshu and Akela are the reliable sources. I’m growing impatient because my application is categorized as EB3 category even though I’m qualified for EB2 category they filed me under EB3 category (Company ‘BS’ policy). There are lots of people on this board anxious and keen to hear some update from BEC. I was just reassuring with Tomshu pertaining to his earlier posting stating that BEC is scheduled to send out letter by 2nd or 3rd week of November. It looks like your application is EB2 category, so I guess you don’t need to sweat much. Please stop posting apathetic/distrustful messages.

Note: Tomshu, Akela and other, please don’t get me wrong.


AwardMyGC
Click to expand...


AwardMyCG, relax....

I dont think ojp2's message was "apathetic/distrustful". In fact I agree with him.

The issue which you dont see is not about EB2 or 3 or degree of frustration, but rather with the way you posted your question to aleka/tomshu.

Using heavy bold and oversized font is not only annoying, but also seems rather arrogant and very very impolite. You cannot 'demand' an answer from anyone in this forum, tomshu or akela or whoever. These guys contacted the BEC in their free time and did everyone a favor by giving us the update. If you are as frustrated as you claim to be, you are welcome to call the BEC yourself. If you do not know the number, like most of us, then you need to show some initiative yourself and figure it out like tomshu and akela did.

Dont get me wrong, this is not a personal criticism, just pointing out that if you post a question politely, people will listen. If not, it just puts everyone off.
 
public forum

Ladies and Gentlemen:

Lets not preach anyone about how to post an article and who to address. If "A" has addressed something to "B and C" rest of D thru Z and alpha betas should not act as a self appointed attorneys of “B and C”, particulary if a response is not yet received from "B and C".

peace to all,
PB
 
Some guys really do not have patience, Nov, 22 2004 is just a few days away. Let's wait and see whether there will be any movement afterwards. Moreover, if we call them too often, they could get annoyed and then may decide not to answer any of our calls in the future any more.

One last point I would like to address is that everyone in this forum should be polite as this is a public place and we all are the victims of the GC process' slowness.


--Tomshu
 
Last edited by a moderator:
Request for Additional Info Received: 11/12/2004

I received Request for Additional Info as (as per email from my lawyer):

We received a request to make a technical correction on the Form ETA 750A. There is a box that says the experience is needed in a "related occupation." The DOL asked us to amend by writing a "2" for 2-years experience needed BOTH in the "related occupation" box (as it was) and the "job offered" box (added now) with an "OR" between (added now). Meaning, my company would take a person not only with experience in a related position, but also in the exact job, if such a candidate had appeared.

Is this a simple query? :confused: (Sorry for asking SESA related question here).
 
Forwarded to Philly DOL

Hi,

My labor certification application has been forwarded to Philly regional DOL.
My lawyer recently mailed me the letter that she received from state DOL.
In the letter they did not assign me any case number for the regional.
They used the state file number as a reference to this letter. Is this normal?
How should I check my case status in future? Can any one help?

My details :

EB3
VA SWA receipt date : July 03, 2003
NOF Issued : October 11, 2004
NOF Replied : Otober 29, 2004
Forwarded to Philly : November 05, 2004

Thanks,

Ari
 
Ari2002 said:
Hi,

My labor certification application has been forwarded to Philly regional DOL.
My lawyer recently mailed me the letter that she received from state DOL.
In the letter they did not assign me any case number for the regional.
They used the state file number as a reference to this letter. Is this normal?
How should I check my case status in future? Can any one help?

My details :

EB3
VA SWA receipt date : July 03, 2003
NOF Issued : October 11, 2004
NOF Replied : Otober 29, 2004
Forwarded to Philly : November 05, 2004

Thanks,

Ari
Click to expand...

Ari,
Would you mind sharing what your NOF was about? Do you know how your lawyer/employer responded to it? Any details would be appreciated. Thanks!
 
mvinays,

The NOF was about the following.

VEC asked my employer to post a notice (for two weeks) in my employers' employee notice board (in a easily visible area where any one can read the notice) that they (employer) have filed an alien labor certification application for my post and if any one within the organization is interested for the job can contact the employer.

After two weeks the employer had to take this off and the CEO of the company signed it certifying that they did put out the notice for two weeks and no one within the organization was interested for the position.

My position is a non-IT.

This position was previously advertised in the Washington Post and met all other criteria for advertisement for alien labor certification.

Hope this helps.
 
You too Brutus! (I am just kidding ‘Pineapple’)

AwardMyCG, relax....

Okay, let me take a deep breath. I’m relaxed now.

I dont think ojp2's message was "apathetic/distrustful". In fact I agree with him.

Sad I got to disagree with both of you.

The issue which you dont see is not about EB2 or 3 or degree of frustration, but rather with the way you posted your question to aleka/tomshu.


Using heavy bold and oversized font is not only annoying, but also seems rather arrogant and very very impolite. You cannot 'demand' an answer from anyone in this forum, tomshu or akela or whoever. These guys contacted the BEC in their free time and did everyone a favor by giving us the update. If you are as frustrated as you claim to be, you are welcome to call the BEC yourself. If you do not know the number, like most of us, then you need to show some initiative yourself and figure it out like tomshu and akela did.

Well, I really don’t see anything wrong with my any of my postings. Please enlighten me, how/where/when am I demanding answers from this forum? Let me explain something to you, at my work place I do see lots of memo’s and articles published with different fonts, font styles and font sizes. None of those memos and articles annoys me nor I see any impoliteness in it. All I was trying to be little flamboyant with my posting. Yes this is a public forum everyone has rights to furnish there own thoughts, but not to contrary anybody’s views. FYI; I do have a BEC analyst contact info, if lots of people calling them may jeopardize there processing time.

Dont get me wrong, this is not a personal criticism, just pointing out that if you post a question politely, people will listen. If not, it just puts everyone off.

I don’t think, I affronted anyone with my posting. If I did so, please accept my apology.
Pineapple said:
AwardMyCG, relax....

I dont think ojp2's message was "apathetic/distrustful". In fact I agree with him.

The issue which you dont see is not about EB2 or 3 or degree of frustration, but rather with the way you posted your question to aleka/tomshu.

Using heavy bold and oversized font is not only annoying, but also seems rather arrogant and very very impolite. You cannot 'demand' an answer from anyone in this forum, tomshu or akela or whoever. These guys contacted the BEC in their free time and did everyone a favor by giving us the update. If you are as frustrated as you claim to be, you are welcome to call the BEC yourself. If you do not know the number, like most of us, then you need to show some initiative yourself and figure it out like tomshu and akela did.

Dont get me wrong, this is not a personal criticism, just pointing out that if you post a question politely, people will listen. If not, it just puts everyone off.
Click to expand...
 
Ari2002 said:
mvinays,

The NOF was about the following.

VEC asked my employer to post a notice (for two weeks) in my employers' employee notice board (in a easily visible area where any one can read the notice) that they (employer) have filed an alien labor certification application for my post and if any one within the organization is interested for the job can contact the employer.

After two weeks the employer had to take this off and the CEO of the company signed it certifying that they did put out the notice for two weeks and no one within the organization was interested for the position.

My position is a non-IT.

This position was previously advertised in the Washington Post and met all other criteria for advertisement for alien labor certification.

Hope this helps.
Click to expand...

Ari,
Thanks. My lawyer had to do the same thing too when I received NOF from VA SESA. My lawyer told me that VEC's format of internal job notice posting had changed and therefore they wanted this notice prepared in the new format to be posted again for 2 weeks.
 
Source: http://www.immigration-law.com/

11/15/2004: Regression of EB-3 Priority Dates for India, China, & Philippines in January and Points to Remember

In the Visa Bulletin for December 2004, the Department of State reconfirmed that starting January 2005, there would be visa cut-off dates for EB-3 category for India, China, and Philippines. Unconfirmed sources indicate that the regression is likely very steep. People may want to know what this means.
The USCIS will accept until the end of December 2004 the stand-alone I-485 applications and concurrent I-140/I-485 applications even if the visa number will not be available under the January 2005 Visa Bulletin inasmuch as the application is physically receipted by the agency. The USCIS has yet to release its policy but it is likely that pending the visa number availability and adjudication of I-485 applications, USCIS may continue to issue EAD and Advance Parole to these applicants. It is thus critically important that people file concurrent applications before the end of 2004 even if there is some deficiency in terms of documentation.
The I-485 applications which are pending as of January 1, 2005 will go into a long dormant stage within the agency until certain date which is close to the date when the visa number will become available for him or her.
The long wait always accompanies the risk of losing the job with the sponsoring employer for whatever reasons. The AC 21 Act Section 106(c) allows I-485 applicants to change employment without losing the green card opportunity inasmuch as the job is similar or identical occupational classification and the change happens after 180 days of filing of I-485 applications. However, as reminded repeatedly on this site, AC 21 180-day rule is seriously crippled by the two rules of the USCIS. One is the so-called Yates Memo which interpreted that I-140 approval is precondition for 180-day change of employment provision. Worse yet, the second rule, which is in fact a procedural policy rather than a rule, requires the Service Centers to adjudicate concurrently filed I-140 and I-485 "concurrently." If this practice continues on and after January 1, 2005, the I-140 petitions will remain unadjudicated until the visa number becomes available for him/her. On the surface, the USCIS may have two options to deal with the predicaments: One is to announce as soon as possible reversing the Yates memo and allowing the I-485 applicants to change employer even before the I-140 is approved. The second option is for the USCIS quickly abandon the "concurren adjudication" policy and adjudicate I-140 petitions independently from the concurrently filed I-485 applications. In the second option, the USCIS should also reduce the I-140 processing times substantially. Which will be a better option? Considering the fact that the USCIS may have to stop adjudicating I-140 petitions for those aliens whose visa priority dates are a "far apart" from the visa availity date for the purpose of effective allocation and utilization of its limited adjudication resources, the second option of abandoning "concurrent adjudication" does not seem to give a right answer. The right answer and solution lie with the first option of reversing the Yates memo. In fact, the USCIS may have no other alternative to deal with the forthcoming predicament! We urge the USCIS to release the so-called USCIS General Counsel's memo which is at the stage of draft reversing the Yates memo.
Those who have yet to reach the USCIS proceedings should be more mindful of the impact of his/her decision on pending labor certification application or immigrant petition in terms of the consequences of such decision on the loss of priority date. Retaining and preserving priority may be as precious as prompt approval of labor certification application. People in this category should get to learn the rules of priority date and retention of priority date. In parallel with the retension rule, consular processing tends to be riskier when priority dates move backward in the sense that concular processing does not give the benefits of EAD, AP, and other ancillary benefits that comes with pending I-485 applications.
Allied healthcare workers who in most cases belong to EB-3 petitions will suffer tremendously since concurrently filing of I-140 and I-485 and the accompanying ancillary benefits such as EAD will not be available. One wonders how the USCIS will deal with the problem of shortage of healthcare workers in the future.
It is hoped that the Congress steps in and works out legislative solutions to deal with these challenges ahead overcoming strong opposition from both extreme right and extreme left political forces.
 
Last edited by a moderator:
I am one of those 'Some guys really do not have patience' lists. The reason I posted that message addressed to 'TOMSHU, AKELA and ANYBODY' is
I have been seeing contradictory dates on when BEC is going to send out the letter. Moreover I wasn’t demanding you/akela/anybody to pickup the phone and call them right away, because I know that is totally unethical? I have maintained my politeness all the way through and I am also the victim of slow-moving LC.

P.S. Somebody in there this forum might have updated information, you never know?


tomshu said:
Some guys really do not have patience, Nov, 22 2004 is just a few days away. Let's wait and see whether there will be any movement afterwards. Moreover, if we call them too often, they could get annoyed and then may decide not to answer any of our calls in the future any more.

One last point I would like to address is that everyone in this forum should be polite as this is a public place and we all are the victims of the GC process' slowness.


--Tomshu
Click to expand...
 
mvinays said:
Ari,
Thanks. My lawyer had to do the same thing too when I received NOF from VA SESA. My lawyer told me that VEC's format of internal job notice posting had changed and therefore they wanted this notice prepared in the new format to be posted again for 2 weeks.
Click to expand...

Hmm. My lawyer filed the recruiting report to SWA last Friday. I am wondering when can I realistically expect to hear anything from them. Approval, forward to Regional, etc. Mine was non-RIR, so we got the instructions to recruit first, which we finished and then filed.
 
Some points from BEC

1/. All the about 30,000 letters will be sent out starting from Nov. 22 2004, which include Phil & SF Regional Cases. The whole process could take about 2-3 weeks however.

2/. Phil Regional cases will be processed first

3/. No SWA cases have been even considered at the time being.

4/. The rule for processing all the cases will be according to the priority dates. That has been updated since last week, it used to regional DOL's receipt dates, but not any more.


Finally I hope most guys from this thread can be relaxed a little bit after all. :)
 
Last edited by a moderator:
tomshu said:
1/. All the about 30,000 letters will be sent out starting from Nov. 22 2004, which include Phil & SF Regional Cases

2/. Phil Regional cases will be processed first

3/. No SWA cases have been even considered at the time being.

4/. The rule for processing all the cases will be according to the priority dates. That has been updated since last week, it used to regional DOL's receipt dates, but not any more.


Finally I hope most guys from this thread can be relaxed a little bit after all. :)
Click to expand...

tomshu,

thanks for ur valuable updates as usual.
do u know when they will begin processing the applications once they receive the reply to the letters? i mean would they begin processing them by late january or early december?

thanks,
 
antonioa77 said:
tomshu,

thanks for ur valuable updates as usual.
do u know when they will begin processing the applications once they receive the reply to the letters? i mean would they begin processing them by late january or early december?

thanks,
Click to expand...

They will be starting processing the applications as soon as they have the responding letters received.
 
priority Date

Tomsu

Any idea what priority date they are going to follow?
Is it Data entry date? SWA date? or DOL date?
 
tomshu said:
1/. All the about 30,000 letters will be sent out starting from Nov. 22 2004, which include Phil & SF Regional Cases. The whole process could take about 2-3 weeks however.

2/. Phil Regional cases will be processed first

3/. No SWA cases have been even considered at the time being.

4/. The rule for processing all the cases will be according to the priority dates. That has been updated since last week, it used to regional DOL's receipt dates, but not any more.


Finally I hope most guys from this thread can be relaxed a little bit after all. :)
Click to expand...

Philly cases are being processed first?
So what happened to FIFO policy based on priority dates?
 
mamamiax said:
Tomsu

Any idea what priority date they are going to follow?
Is it Data entry date? SWA date? or DOL date?
Click to expand...

How many priority dates do you have? :) , There should be one and only one priority date per application, which is the receipt date from SWA.
 
tomshu said:
How many priority dates do you have? :) , There should be one and only one priority date per application, which is the receipt date from SWA.
Click to expand...

I am little confused, receipt date from SWA means date my case was filed at SWA or date SWA forwarded my case to DOL? :confused:
 
You must log in or register to reply here.
Top