Philadelphia Regional DOL Tracker

[z2002]

As I understand, you could use the EB2's PD for a EB3's I485, but hard to say if you can use the EB3's PD for a EB2's I485 upon approval of both of I140. In the PERM time, the PD of EB2 might retrogress too. So PD is important. Another issue is Ads and procedure for recruitment that is painful generally except some ...
By the way I am not a lawyer either.

What are the financial implications of re-applying PERM?
What does it do to the priority dates for 485 processing?
You can use the new approved LC (approved via PERM) and apply for 140 and get the 140 approved. Meanwhile, if your old LC gets approved by BEC, you could do something called as "substitution of priority dates". This means you will request USCIS to use your earlier LC's priority date to let you file 485. (I came to know about this by talking to the same reputed attorney again. This attorney mentioned that most people are not aware of this trick which can be used lawfully.). This substitution will need to be done at the 485 stage when you send your application packet to USCIS.

Again, the above answers are based on what I know and what I have gathered from my own research.

 

[mvermani]

Gurus, please help me on this...
1. Just wanted to know if I’m eligible for EB2. Presently I’m working as a Senior Technical Manager and I have 9 yeas of experience. I have 4 Years engineering degree from India. One lawyer told me I’m eligible for EB2 because of my job title and other one said no as i do not have masters. I'm confused on what to do.

2. If GC is filed for future employment then do I need to join that employer at the time of 140 approval or when he files 485 for me? Assuming he is filing 140/485 concurrently.

 

[spidey]

Gurus, please help me on this...
1. Just wanted to know if I’m eligible for EB2. Presently I’m working as a Senior Technical Manager and I have 9 yeas of experience. I have 4 Years engineering degree from India. One lawyer told me I’m eligible for EB2 because of my job title and other one said no as i do not have masters. I'm confused on what to do.

2. If GC is filed for future employment then do I need to join that employer at the time of 140 approval or when he files 485 for me? Assuming he is filing 140/485 concurrently.

By virtue of the 9 years experience you can be considered for a position requiring a Masters, as long as your experience was not gained at the employer sponsoring your labor cert. Even then, there are ways of getting around this, all you need is a good lawyer. Especially with this new PERM thing coming along it will be imperitive that you find a good lawyer.

As far as joining your future employer, the premise of the GC is future employment and a good lawyer will be able to make a case that you will join after the GC is complete (or so I think)- BUT having said that, it is always more convincing to the DOL (yes even the DOL which is involved before the USCIS for the 140/485) if you are already working and not going to be a future employee.

 

[PainfulGC123]

Can you do this? I know you can have 2 LCs pending but can you have 2 LCs from the same employer pending?

Here is an excerpt from Murthy bulletin:

For a job to be identical, the employer, including employer address, beneficiary, job title, job location, job requirements, and job description all must be identical.

SOURCE:
Murthy Bulletin
VOL. XI, no. 10; March 2005, week 2
Posted : March 11, 2005
DOL Transition Watch : Clarity on PERM Issues


Here is my interpretation of the above text in the context of refiling a brand new LC:
This means you can file a new PERM application for the same alien with the same employer, provided the job location and / or description can be altered a little. Then, as per the the above quoted text, the new applicatipon that you file under PERM will not be identical to the old one. It makes me feel that it is safe to re-apply for a brand new LC under PERM as long as the job title / description is different or job location is different.

 

[kb_gc]

Apply under EB2 PERM

By virtue of the 9 years experience you can be considered for a position requiring a Masters, as long as your experience was not gained at the employer sponsoring your labor cert. Even then, there are ways of getting around this, all you need is a good lawyer. Especially with this new PERM thing coming along it will be imperitive that you find a good lawyer.

My labor was applied under EB3 as I have BS+4 years of experience at the time of joining the company. If I want to reapply labor under EB2 under PERM, is it possible? My job location is changed now.


Please advise

Thanks
kb_gc
VA SWA RD 08/2002
Philly DOL RD 04/2004
45 day letter recvd Feb 11th
45 day letter mailed Feb 28th

 

[orissa]

BEC Update

1- We are still sending 45 days continuation letters.

2- When we will see some results?
I can't give you a time frame for that, but we are working hard for it.

3- If your 45 days letter has been replied, soon decision will be mailed.

4-How soon one month, 90 days or 6 month or year?
Again I don't know exact time frame, but certainly not more than 6 month.

5- We have thirty thousand cases pending of 2001, currently we are sending decision letter. Then we will move to 2002 and 2003 so on.

 

[cherrygums]

1- We are still sending 45 days continuation letters.

2- When we will see some results?
I can't give you a time frame for that, but we are working hard for it.

3- If your 45 days letter has been replied, soon decision will be mailed.

4-How soon one month, 90 days or 6 month or year?
Again I don't know exact time frame, but certainly not more than 6 month.

5- We have thirty thousand cases pending of 2001, currently we are sending decision letter. Then we will move to 2002 and 2003 so on.

Thank you Orissa

 

[Anand_Mishra]

1- We are still sending 45 days continuation letters.

2- When we will see some results?
I can't give you a time frame for that, but we are working hard for it.

3- If your 45 days letter has been replied, soon decision will be mailed.

4-How soon one month, 90 days or 6 month or year?
Again I don't know exact time frame, but certainly not more than 6 month.

5- We have thirty thousand cases pending of 2001, currently we are sending decision letter. Then we will move to 2002 and 2003 so on.

Point 3 and Point 5 contradict each other. If they are working with 2001 cases(30000+) then 45 days replied from 2002/2003 cases they can't work in 6 months. so point 3 can't be honored by them.

 

[kennethxu]

I spoke to my attorney and he has agreed to file a brand new LC case for me.

In my case, I have the flexibility to change my job title a little (say something like Programmer Analyst to Systems Analyst) to make sure that more than 50% of my duties are different from that of the job title used for my currently filed LC. I have a feeling this is permissible by DOL. It doesn't harm to try. So I will give it a shot for PERM/EB2 filing.

I joined you and doing the samething here.

 

[GC_Lover]

Here is an excerpt from Murthy bulletin:

For a job to be identical, the employer, including employer address, beneficiary, job title, job location, job requirements, and job description all must be identical.

SOURCE:
Murthy Bulletin
VOL. XI, no. 10; March 2005, week 2
Posted : March 11, 2005
DOL Transition Watch : Clarity on PERM Issues


Here is my interpretation of the above text in the context of refiling a brand new LC:
This means you can file a new PERM application for the same alien with the same employer, provided the job location and / or description can be altered a little. Then, as per the the above quoted text, the new applicatipon that you file under PERM will not be identical to the old one. It makes me feel that it is safe to re-apply for a brand new LC under PERM as long as the job title / description is different or job location is different.

you made an interesting point, got me thinking. I will have to talk to a lawyer and see if this can happen. I was always under impression that same person cannot have 2 LCs from same employer, irrespective of job title, description etc.

 

[tomshu]

Point 3 and Point 5 contradict each other. If they are working with 2001 cases(30000+) then 45 days replied from 2002/2003 cases they can't work in 6 months. so point 3 can't be honored by them.

My suggestion is: Do not take the responses to compare each other but as their working guidelines only.

 

[VAhoper]

1- We are still sending 45 days continuation letters.

2- When we will see some results?
I can't give you a time frame for that, but we are working hard for it.

3- If your 45 days letter has been replied, soon decision will be mailed.

4-How soon one month, 90 days or 6 month or year?
Again I don't know exact time frame, but certainly not more than 6 month.

5- We have thirty thousand cases pending of 2001, currently we are sending decision letter. Then we will move to 2002 and 2003 so on.

Thank you Orissa for the info. I so hope that the 6 month time frame is true. Can we conclude from the info they gave you, that they are processing cases now. (instead of just entering data...)

 

[tomshu]

you made an interesting point, got me thinking. I will have to talk to a lawyer and see if this can happen. I was always under impression that same person cannot have 2 LCs from same employer, irrespective of job title, description etc.

Maybe there is loophole here.
The PERM guideline illustrates clealy that if two applications are indentical one as traditional in BRC and the other one as PERM, the new PERM application can retain its old PD, or otherwise lose its old PD.
I've seen many DOL high rank officers' other comments on some other rules, such as the BRC's, but I am seeing different things in fact rather than what those guys said before.
So I'm kind of skeptical on this still, I intend to wait for some time to see the appearance of a clear pattern.

 

[srinivas_o]

Reg. filing in PERM

See the following question and answer from Immigration.com reg. filing in PERM concurrently. You will have PD if you file the identical application in PERM within 210 days of withdrawing the old labor application.

------------------
Q. My labor certification is pending and the date of my labor cert filing is Dec 2001. I am now considering re-applying via PERM available from 3/28/05. Will we need to redo recruitment efforts (re-run ads?). If yes, can I file only after 6 months of recruitment efforts? How long will we need to wait from the day of last advertisement to ensure we get all responses before filing?

A. Yes, we need to withdraw the pending labor cert, place the ads again (2 Sunday ads and three more methods - like employer's web site, etc.). If we file for exactly the same job within 210 days of withdrawing the old labor cert, we can get the priority date of the old labor cert.
[Index] [Compiled by Law Offices of Rajiv S Khanna]

 

[GCDE02]

1- We are still sending 45 days continuation letters.

2- When we will see some results?
I can't give you a time frame for that, but we are working hard for it.

3- If your 45 days letter has been replied, soon decision will be mailed.

4-How soon one month, 90 days or 6 month or year?
Again I don't know exact time frame, but certainly not more than 6 month.

5- We have thirty thousand cases pending of 2001, currently we are sending decision letter. Then we will move to 2002 and 2003 so on.

Hi Orissa-

Thanks for the update! Is there a order in which these 45-days letters are being sent? I'm sure this questions has been raised several times here in the forum, but if you could confirm on this from your source that would be great. Thanks again for keeping all of us in the loop.

cheers.
SWA DE: Dec, 02
Philly DOL: Aug, 03
NOF Issued: Apr, 04
NOF Responded: Apr 04
45 Days Letter: ????

 

[Choclito]

1- We are still sending 45 days continuation letters.

2- When we will see some results?
I can't give you a time frame for that, but we are working hard for it.

3- If your 45 days letter has been replied, soon decision will be mailed.

4-How soon one month, 90 days or 6 month or year?
Again I don't know exact time frame, but certainly not more than 6 month.

5- We have thirty thousand cases pending of 2001, currently we are sending decision letter. Then we will move to 2002 and 2003 so on.

Orissa
Thank you very much
Have a nice weekend

 

[thunderstorm]

info from my attorney

I have a PD of June 2002 from VA. I consulted my attorney today whether I should convert my case to PERM. His suggestion is basically to wait a couple more months to see how PERM works instead of jeopadizing my PD. Here is what I learned from him:

1. EB2 is likely to retrogress anytime
2. It is not clear whether we can keep the old RIR case while filing a brand new petition under PERM like some attorney recommended
3. He estimated one more year's waiting time from BEC if I decide to stick with RIR
4. So far he has received 45 day letters for only 10% of his clients.

The worst senario I waited one more year and I get to keep my PD safely. Again not sure how PERM is going to affect 140/485 filing. I am really worried I might get stuck in another Backlog for several years. This really sucks.

 

[thunderstorm]

processing time estimate

Point 3 and Point 5 contradict each other. If they are working with 2001 cases(30000+) then 45 days replied from 2002/2003 cases they can't work in 6 months. so point 3 can't be honored by them.

If they have 100 case worker, each one reviewed 10 cases every day, 20000 cases can be reviewed in a month. That means we can clear 30000 cases in 1.5 months if the math is correct

 

[Anand_Mishra]

If they have 100 case worker, each one reviewed 10 cases every day, 20000 cases can be reviewed in a month. That means we can clear 30000 cases in 1.5 months if the math is correct

I wish good luck to everyone including me. But if they are so efficient then we are not in this mess at all(NO BPC required). 6 months, it took to send the 40000 letters by both the BPCs.
Wishing every one Good Luck!!

 

[sunny26]

Hi thuderstorm
U have to keep in mind that some staff still be in the process of sending 45days letter.not all 100 will be there to start process.