... and yet it chooses to ignore the cause of "forum shopping"... which is their pathetically slow processing.... it takes more than 2 years to get through in NY and CA - instead of wasting their time going after people who are able to get the LC's soon, they should spend time adjudicating more applications in afflicted states.
001
001
Originally posted by tonysharma
Philadelphia Region DOL Warns against Forum Shopping
A quick review of the U.S. Department of Labor (DOL) Case-Processing Chart reflects that the time it takes to process a labor certification case, whether RIR or non-RIR, varies widely according to the location of filing. Although DOL processing is within the purview of federal law that should be uniform and consistent throughout the United States, the reality is different. The processing times for certain states is measured in years, while for other states it is measured in months. This disparity in processing times has provided an incentive to some companies to try establishing a proper basis for filing in the faster jurisdictions. The DOL has started to closely scrutinize these cases, at least in the Philadelphia and Boston Regions.
The USCIS announced on February 17, 2004, that the H1B Cap has been reached for fiscal year (FY) 2004. All petitions that fall under the cap that are received after the close of business on February 17, 2004, will be rejected. This means that all fees will be returned, along with the petitions. The USCIS will begin accepting cases that will fall under the FY2005 cap on April 1, 2004. These applications should request a start date of October 1, 2004, or later.
------------sheela murthy.com