San Francisco Regional DOL Tracker

[Anand_Mishra]

Thanks Zany_Brainy
So I am struck with EB3. I can't withdraw and use PERM with EB2. I am already in the 6th Year and applying for 7th Year extension based on LC pending. Well I am mently getting ready for long haul.

You cannot file a new Perm Application in EB2 keeping the existing PD as the new application needs to be exactly identical to the older regular application to be considered in parallel (i.e. with existing PD) you have to withdraw your application and submit a new EB2 Perm application with a new PD.

Also, it will take 3 months to get all the evidence required for Perm Application and you will be able to apply earliest by JUNE and If all goes as planned (which never happens in DOL) you can get an approval by August End at the earliest

Thx
ZB

 

[Pareshan4GC]

Hi Pareshan4GC,

I've been battling with priority date, hope your answer can shed some light, what was the original priority date of the substituted labor ie., labor filing date in state and what priority date was assigned for you in your i140?
Your answer will help me making a decision whether to wait for my labor or substitute.

I believe March 2004. Assigned date: May 2004.

 

[mnhrdc]

Hi,

I am with company A and they have filed my Labor Certification in RIR/EB2 in 2002. Now i joined company B and they told me that they are going to file my LC in the new PERM process this year. Now my question is, will my labor filed with company A gets automatically cancelled because i am filing my LC in the new PERM process with company B.

These are all for future employment and There can be n number appln for GC and H1 processing concurrently and No porblems.
Which means you are super

-thanks,

 

[Pareshan4GC]

Pareshan4GC

You can use AC-21 now to change sponsership from "B" to "A" but you may not be able to change PD anymore.

GP111,
I work for COMP_A and not for COMP_B.
My attorney says that once COMP_A's labor gets cleared, they will file I140 and attach it to the current I485. This way the PD will change.

I dont know what that means but does that make sense.

 

[mnhrdc]

I had just applied for my Labor certification under RIR in January 2005 in california. I

have received the receipt notice from the EDD mentioning the priority date and case number.

I did see that my name has been spelt wrong in the receipt notice, instead of "Neeraj" it

was "Neerai". The last "j" was replaced by "i". I did talk to the lawyer but they said that

its not a problem since the application has the right name. I went through the application.

ETA 750(PArt A) that the employers prepares. The font that was used for the application was

such that "j" looked liked "i". Rest all the stuff was correct. In the ETA 750 B that I

helped to write the name and other information was correct with the right font.
I am about to complete my 5 years on my H1B visa and is planning to apply for my 7th year

extension next year using this Labor petition. Can someone let me know the way by which I

can rectify this problem. Is there a method by which I can fix this problem. Will this cause

any problem when I go for a 7th year extension with this labor pettition.Please let me know

what is best way I can fix this problem.

If the mistake is from there end , they will amend Any time
If it were to be from your end with supporting documents they will amend
Your Attorney or yourselves can directly write to them to incorporate these correction.
Most important is to check your Last Name and DOB which are very important.

 

[mnhrdc]

I believe March 2004. Assigned date: May 2004.

PD's are allien based
For substitution I-140 filing reciept date is PD

 

[gcfriendly]

Thanks MNHRDC for your quick response. So you are saying that my labor application will not be cancelled at Company A.

-thanks again
gcfriendly

 

[raj_m]

I believe March 2004. Assigned date: May 2004.

Ok, basically i was trying to find if you got the original labor's PD or your 1140 filing date as your PD. There were several threads about Priority date on labor substitution, most of the threads say that upon labor substitution the original PD isn't assigned rather I140 filing date is assigned as PD. Can you tell which date was assigned for you?

 

[GotGC??]

45-day letter: addressed to whom?

Hi Guys,

If you have received the 45-day letters (and gurus), do you know if the letter received by the employer is identical to the one that the attorney gets? I mean, is it addressed specifically to the employer, OR just a courtsey copy of the copy addressed to the attorney?

My employer gave me a copy of the letter that came to him, but it had the attorney's address.
a. Is that normal?
b. If so, could the employer use that letter to respond to BEC (even if the letter has the attorney's name and address and only the employer's name?)

Sorry for the fine print, but I just wanted to gather all info before asking my employer to send the reply.

Thanks

 

[cacheline]

Sorry for being slightly offtopic, but I think I found reason why backlog processing centers
are a little bit slow. At least the one in Philadelphia. Compare contact email in the following
Craiglist ad with email we all use to get our BPC receipt numbers:

washingtondc.craigslist.org/tfr/58269780.html

 

[phenix]

Just contacted my lawyer, he told me my case was still in DOL.

CA PD 09/28/2002
CA RD 10/31/2003 (RIR/EB3)

Dear GP111,

I've read serveral posting of yours. Very impressive.

I've the same DOL date as your 08/14/2003.

FYI, I've received my 45days love letter.

Thanks,
Haleem

 

[gp111]

Just contacted my lawyer, he told me my case was still in DOL.

CA PD 09/28/2002
CA RD 10/31/2003 (RIR/EB3)

NO.. It Cant' be.
All RIR cases (RD May 01, 2003 onwards) have already been moved to Dallas or Phily Backlog Elimination Centers.


Send email to status@DAL.DFLC.US
subject : Case Status
Content :

Employer : xxxxxxx
Alian : Last Name. First Name
CA DOL Case # : P2003-CA-095xxxxx
CA DOL RD : 10/31/2003

You will get response from BEC in couple of days with your BEC case number.

 

[jpa01]

any latest regular labor (non-rir) approved?

Hi guys just wanna ask if someone with a regular (labor non-rir) recently had been approved and pls. post the some information.
It seems all of you guys here are in RIR process..
Hope you guys can help.Thanks and God bless...

 

[navdod]

Western States queue status

NO.. It Cant' be.
All RIR cases (RD May 01, 2003 onwards) have already been moved to Dallas or Phily Backlog Elimination Centers.


Send email to status@DAL.DFLC.US
subject : Case Status
Content :

Employer : xxxxxxx
Alian : Last Name. First Name
CA DOL Case # : P2003-CA-095xxxxx
CA DOL RD : 10/31/2003

You will get response from BEC in couple of days with your BEC case number.

Hi gp111,
I got the following response from the Dallas BEC ...
--------------------------------------------------------------------------
February 22, 2005
Dear Requestor:

The purpose of this letter is to acknowledge your request regarding the status of the above-referenced case.

The new case number is: NOT YET ASSIGNED

The above-referenced case has been transferred to one of the Division of Foreign Labor Certification’s Backlog Processing Centers. At this time, we are unable to provide any additional status information on Permanent Labor Certifications. All Processing Center files are in the process of being transferred into a new database. Once the data entry process is completed, a 45-day letter will be issued on all applications and additional information will be requested from the employer if needed.

Please do not request additional status information for at least 90 days after responding to the 45-day letter.

Sincerely,
DFLC Backlog Processing Center
--------------------------------------------------------------------------

But I just called the Seattle queue in the SFO DOL and heard from the AVM that my case is still in received state. How long does it take the DOL to update the AVM and how long before the BEC assignes a case # and sends the "45-day" letter?

Thanks

 

[gp111]

Hi gp111,
I got the following response from the Dallas BEC ...
--------------------------------------------------------------------------
February 22, 2005
Dear Requestor:

The purpose of this letter is to acknowledge your request regarding the status of the above-referenced case.

The new case number is: NOT YET ASSIGNED

Sincerely,
DFLC Backlog Processing Center
--------------------------------------------------------------------------

But I just called the Seattle queue in the SFO DOL and heard from the AVM that my case is still in received state. How long does it take the DOL to update the AVM and how long before the BEC assignes a case # and sends the "45-day" letter?

Thanks

SF DOL has not updated AVM for SF DOL case Transfers also.. So don't hope on that.

Because Seattle Region was not one of the first few DOL cases entered in BEC your case may not be in database yet. It will be entered soon & you will get case number. Send the same email after couple of weeks.

About sending "45 day letter" .. its random. You might get letter soon after they enter the case in database or may have to wait months. 55% of cases entered in database in 2004 are still waiting for letters

 

[chinglun]

question

hi

I have a question because I heard many rumors ...


Currently my case is in BRC ....
I have not been leaving US since my last renewal of student visa 5 years ago ..

Can I leave the USA now ? Right now I have H1 working permit, can I go to Canada to get H1 visa ? Is it safe to go there ?

What is the possiblity for the immigration officer to reject me ?

Can I still come back to US if they reject me ? Last time I heard, it is not possible. ...

 

[navdod]

SF DOL has not updated AVM for SF DOL case Transfers also.. So don't hope on that.

Because Seattle Region was not one of the first few DOL cases entered in BEC your case may not be in database yet. It will be entered soon & you will get case number. Send the same email after couple of weeks.

About sending "45 day letter" .. its random. You might get letter soon after they enter the case in database or may have to wait months. 55% of cases entered in database in 2004 are still waiting for letters

Hi gp111,
Could any one please clarify how many queues there are and which queue gets priority?
From my understanding of the numerous postings here.... there are 3 queues:
1. Regional: 1.Non-RIR 2. RIR
2. SWA

And a processed in a FIFO basis based on the following criterion
1.Response received to 45-day letter.
2.PD (date app was received @ the State office) and not on RD (date app was received @ the Regional office)

I heard that they will first work on Regional based on RD and not PD, is this true? If so, it seems unfair that some SWA took 2-3yrs to process before they were sent to regional.
Thanks.

 

[mnhrdc]

Thanks MNHRDC for your quick response. So you are saying that my labor application will not be cancelled at Company A.

-thanks again
gcfriendly

Not cancelled by DOL unless CompA withdraws

 

[mnhrdc]

Hi gp111,
Could any one please clarify how many queues there are and which queue gets priority?
From my understanding of the numerous postings here.... there are 3 queues:
1. Regional: 1.Non-RIR 2. RIR
2. SWA

And a processed in a FIFO basis based on the following criterion
1.Response received to 45-day letter.
2.PD (date app was received @ the State office) and not on RD (date app was received @ the Regional office)

I heard that they will first work on Regional based on RD and not PD, is this true? If so, it seems unfair that some SWA took 2-3yrs to process before they were sent to regional.
Thanks.

With current situation this has to be restated as under
After Jan 2005 will go to NPC No SWA
Before Jan 2005 will go to BPC
Non-RIR Q
RIR Q
Fifo is based on PD and replies recieved
Based on this if replies are rcieved for old cases immediately they jump to top of Q based on PD
Presumed most of RO cases transferred are having earlier PD for centers like SFO,TExas,Phily

 

[mnhrdc]

hi

I have a question because I heard many rumors ...


Currently my case is in BRC ....
I have not been leaving US since my last renewal of student visa 5 years ago ..

Can I leave the USA now ? Right now I have H1 working permit, can I go to Canada to get H1 visa ? Is it safe to go there ?

What is the possiblity for the immigration officer to reject me ?

Can I still come back to US if they reject me ? Last time I heard, it is not possible. ...

I may be wrong, Now after post Sep 11 every immigrant has to go back to there native country to get New Visa Stamping . Also they stopped issuing extensions at Washington via St louis Post box for the ppl allready in USA

Now Canada and Mexico requires prior visa to enter.
If planning to visit India , pl check the consulate web sites for Delhi,mumbai,chennia,and need to make web appointment . Waiting period is very long at least for chennia it was more than 100 days.