San Francisco Regional DOL Tracker

How long to get decision

Hi gp,
Do you know how long it takes the lawyers to get the decision on a LC after it has been posted on the AVM or when the decision is made @ the DOL?

Also, is it true that one can get a temporary EAD 4 weeks after applying for one.

Thanks
 
navdod,

Do you know how long it takes the lawyers to get the decision on a LC after it has been posted on the AVM or when the decision is made @ the DOL?

2 to 3 weeks

Also, is it true that one can get a temporary EAD 4 weeks after applying for one.

Not 4 weeks.. its 90 days
 
Labor approved but not used...

GP,

It is true that the alien carries the PD with him/her provided I-140 is approved. But if only labor is approved and it is not used, then I don't understand why the substituting alien cannot take over the original PD. It seems there is some room left for interpretaions by various centers.

probably we can pose this Rajiv or Murthy in chat sessions...

gc_pain

gp111 said:
RAJ_m,

This what Immigration-law.com says
"The priority date is not only "alien-based" but also limited to a specific alien and cannot be transferred to another alien. Consequently, an alien who files I-140 petition as the substituting beneficiary of an approved labor certification application takes over the approved labor certification application but not priority date. Accordingly, an alien who files I-140 petition as a substituting alien establishes his/her priority date at the time of filing of his/her I-140 petition and not on the date of filing of alien labor certification application by the employer on behalf of the original alien beneficiary who is substituted. The regulation specifically states that a priority date is not transferrable to another alien"

Why don't you check with another attorney before going ahead.

Also are you Eb3 ? Eb2 will not have any retrogression. Also if you can file I-485/I-140 ASAP you will get EAD/AP before the Visa Retrogression.. so you will be good to go evenif date retrogress.

good luck...
Click to expand...
 
gc_pain said:
GP,

It is true that the alien carries the PD with him/her provided I-140 is approved. But if only labor is approved and it is not used, then I don't understand why the substituting alien cannot take over the original PD. It seems there is some room left for interpretaions by various centers.

probably we can pose this Rajiv or Murthy in chat sessions...

gc_pain
Click to expand...

I don't have much knowledge about this.. I am just following the info I found in www.immigration-law.com & few other websites..
"an alien who files I-140 petition as a substituting alien establishes his/her priority date at the time of filing of his/her I-140 petition and not on the date of filing of alien labor certification application by the employer on behalf of the original alien beneficiary who is substituted. The regulation specifically states that a priority date is not transferrable to another alien"
 
gp111 said:
I don't have much knowledge about this.. I am just following the info I found in www.immigration-law.com & few other websites..
"an alien who files I-140 petition as a substituting alien establishes his/her priority date at the time of filing of his/her I-140 petition and not on the date of filing of alien labor certification application by the employer on behalf of the original alien beneficiary who is substituted. The regulation specifically states that a priority date is not transferrable to another alien"
Click to expand...
PD goes along with the employee even when switches to another employer and starts a new labor, given that if the employee has already filed a labor and while it's pending he/she files for 140/485 on labor substitution, based on the above point wouldn't it allow to interpret that he/she may get the PD that was originally filed?

By the way thanks GP111 for your response to my question, to answer about EB3 or EB2, mine is EB3.
 
gp111 said:
popoye,

Any rational behind why cases at the SWAs are given lower priority at the BECs. If it was truly FIFO shouldnt it all start from SWA.

-- There will be two Queues: RIR & NON RIR... both will have their own FIFO & RIR has to be faster then Non RIR other wise what's the point to have two procedures ? SWAs has not given lower priority but they will be processed in second batch as Cases already in DOL are filed earlier then cases in SWA (In its own RIR or Non RIR category)

1) Anyway, My case is in Non-RIR California State... Any wild guesses what may happen to this.

Your case will be moved to BEC before March 31, 2005 & will be processed in NON RIR FIFO based on PD

2) My wife's case got transfered from South Dakota to Dallas DOL on Oct 29, 2004. Any guess what will happen.

It should go to Dallas BEC & processed in FIFO there with other Regional Cases (again two seperate queues RIR & Non RIR)

3) What will happen to RIR cases at states such as IOWA or California

Everything at SWA till end of 2004 will move to one of the BEC ..


GOOD LUCK to you as well
Click to expand...

Hi GP111,

Your information is really helpful. Here is my situation and would
you please take a look:
State PD: 12/2001 (RIR)
DOL RD: 12/2002
Remanded to state: 5/2004 (changed to Non-RIR)
So how will my case be processed? In RIR pipe or non-rir pipe? What will
be the priority date in the pipes?

Thanks!
 
pineyan said:
Hi GP111,

Your information is really helpful. Here is my situation and would
you please take a look:
State PD: 12/2001 (RIR)
DOL RD: 12/2002
Remanded to state: 5/2004 (changed to Non-RIR)
So how will my case be processed? In RIR pipe or non-rir pipe? What will
be the priority date in the pipes?

Thanks!
Click to expand...

It will be Non RIR with PD 12/2001...

good luck
 
gp111 said:
I don't have much knowledge about this.. I am just following the info I found in www.immigration-law.com & few other websites..
"an alien who files I-140 petition as a substituting alien establishes his/her priority date at the time of filing of his/her I-140 petition and not on the date of filing of alien labor certification application by the employer on behalf of the original alien beneficiary who is substituted. The regulation specifically states that a priority date is not transferrable to another alien"
Click to expand...
my attorney had told me (earlier when I was planning for substitution) that if I use substitution, my 140 date would become priority date. I am not sure if the law has changed recently
 
Labors in SF DOL from AZ

Hi,
My LC is in SF DOL from Arizona. I hear conflicting reports on where SF DOL cases from states other than California would be transferred to BEC or processed in SF itself. I am not sure if DOL specifically addressed this. Do you folks have any idea about this.

Thanks,

PV

Non-RIR EB-2
Az Pd. 12/03
SF DOL Rd. 07/04
 
Found a Backlog Elimination report on Immigration-law.com

Hi Gp111,
Please explain to us in simple words whats going on? with this report.

Thanks
Malini
 
Well, everything else apart (I don't know how much fuzzy math is involved for getting 600,000 #) but this does not look good:
The report also previews expected progress in the fourth quarter, noting that in July USCIS distinguished those cases in the backlog as cases where a benefit would be immediately available upon approval of the application or petition. This will take pending Petitions for Immigration Relative (I-130) out of the backlog since, except for petitions filed for an immediate relative, such as a child, spouse or parent of a U.S. citizen, it can be many years after the initial filing of the Form I-130, before an immigrant visa actually becomes available to the person benefiting from the petition.
Click to expand...
What stops them in removing employment based applications from this queue if it's EB3 when the retrogress happens?
 
AmarMalini said:
Hi Gp111,
Please explain to us in simple words whats going on? with this report.

Thanks
Malini
Click to expand...

AmarMalini..

This report is for USCIS backlog reduction not Department Of Labor.. Its just a standard report published by DOL each quarter about their progress during last quarter & plans for new quarter. In last quarter USCIS has cleared good number of cases & performance has been improved, wait time reduced.. For example California Service Center has jumped about 6 months in I-140 processing dates.
 
PV4466 said:
Hi,
My LC is in SF DOL from Arizona. I hear conflicting reports on where SF DOL cases from states other than California would be transferred to BEC or processed in SF itself. I am not sure if DOL specifically addressed this. Do you folks have any idea about this.

Thanks,

PV

Non-RIR EB-2
Az Pd. 12/03
SF DOL Rd. 07/04
Click to expand...

Initially we got the report 20000 applications moved to BEC. But later on AVM (415 975 4601) message said that only California cases moved to BEC. So, we are assuming that other western states cases are still with SFO DOL. This is certified by GP111 also. I have the same RD as yours and non RIR from AZ.

Nirvan
 
Hi gp111,
I wish my lawyers were as great about replying as you are! Thanks in advance.
My question is, my sf dol rd is Feb 10 '04(RIR). Since it's unlikely that my case has gone to the BECs in this lot of 10k cases, will the SF DOL be the one to process my case or will it be sent to one of the BECs at a later date? Any guesses on how long it might take?
Also, in your opinion, will the california service center maintain low processing times for I140/I485 apllications once the BECs start approving labors faster? What about the concurrent processing pilot program?

Thanks again, and good luck with your case.
 
NIW applicant said:
Hi gp111,

My question is, my sf dol rd is Feb 10 '04(RIR). Since it's unlikely that my case has gone to the BECs in this lot of 10k cases, will the SF DOL be the one to process my case or will it be sent to one of the BECs at a later date? Any guesses on how long it might take?
Also, in your opinion, will the california service center maintain low processing times for I140/I485 apllications once the BECs start approving labors faster? What about the concurrent processing pilot program?

Thanks again, and good luck with your case.
Click to expand...

If you case is not included in first batch of transfer (If you don't receive letter in next 60 days ) it will be transferred to BEC in next batch before Dec 03.. They are transferring batch by batch for ease of data entry & process.. You will get processed in FIFO..

CSC is improving bigtime in I-140/485 process & I hope it will keep up the speed. PD retrogression might slow down EB3 a little bit but EB2 should be still fine. Most of the California Cases will not hurt much by retrogression..
 
PV4466 said:
Hi,
My LC is in SF DOL from Arizona. I hear conflicting reports on where SF DOL cases from states other than California would be transferred to BEC or processed in SF itself. I am not sure if DOL specifically addressed this. Do you folks have any idea about this.
Click to expand...

Only 20K California Cases have been moved to BEC.. All other western states are still being processed at SF DOL.
 
GP,
I have a followup question on PD cutoff date, if the PD cut off date is set, let's say June 2002 and if my PD happens to be later than the cut off date, can I still file my 140/485? if so will i be able to get EAD or have to wait until the my case gets PD.
 
raj_m said:
GP,
I have a followup question on PD cutoff date, if the PD cut off date is set, let's say June 2002 and if my PD happens to be later than the cut off date, can I still file my 140/485? if so will i be able to get EAD or have to wait until the my case gets PD.
Click to expand...
you can file I-140 but not I-485 and will not be eligible for EAD/AP.

Am I Right GP111?
 
am i correct on this?

Hi guys,

After reading many posts I have the following conclusion about
lc filing:
One can file multiple LC cases with the same employer with
different job category or with different employer with same/different
job category, and the earliest filed LC case will determine the PD
of all cases. When any one of them approved, one can continue
140/485 with the earliest PD...

Am I correct on this?

Thanks
Pine
 
gp111 said:
If you case is not included in first batch of transfer (If you don't receive letter in next 60 days ) it will be transferred to BEC in next batch before Dec 03.. They are transferring batch by batch for ease of data entry & process.. You will get processed in FIFO..

CSC is improving bigtime in I-140/485 process & I hope it will keep up the speed. PD retrogression might slow down EB3 a little bit but EB2 should be still fine. Most of the California Cases will not hurt much by retrogression..
Click to expand...
Hi gp111,
This is a very informative forum and thanks a lot for your insightful comments. One point what i would like to make about calif. USCIS processing applications faster is due to the fact that not many applications are there in the 1st place b'cos of all these backlogged applications in DOL. So many of us who applied in 2002 are yet to get our labor.

DOL RD: 07/11/03
 
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