San Francisco Regional DOL Tracker

3-option letter

Astitva said:
How much time the DOL normally takes to respond to 3 Option letter. My RFE was responded on Oct 15 2004.
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Astitiva, the answer to your question is "some random amount of time". It used to be anywhere between 2 weeks and 2 months. For a long time I haven't seen anybody receiving an approval after the 3-option letter response. Mine was sent sometime in Sept. Nobody knows why there are just sitting on those cases.
 
rajhmal
Current labor(PD May-28-02) stint is ongoing for two and half years and the previous labor/I-140 took about an year and had to end with a blow, as my previous employer was not willing to respond to a query(RFE) on my I-140. (Since I-140 was not approved, I had to apply a fresh labor with another employer, and forego my previous labor PD (Jan-16-2001)
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Sorry to hear about your old I-140, you know there is a way you can use that PD with your New Labor if the old LC is not used for anybody else.


I just want to find solace in your answers, as you are confidently saying the retrogression would keep advancing one month at a time, and not to worry, whose PD's are closer to 01-01-2002. I am a bit skeptical about this, as I am of the opinion, that this retrogressed dates could stay at this level for some time, before they decide to move it forward. (In a similar note, I have read some where recently, that there is a possiblity that the dates could retrogress further backwards :( ) )
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Yes, I have heard about that (Further retrogression).... but looks like that further retrogression will be in EB3-2...my confidence of assuming date moving month by month is based on the history of PD... look at this link
http://www.jackson-hertogs.com/quota/0quota.htm you can see that PD is moving a month or more most of the time. My attitude towards this immigration process (you can see in my other posts) is try to be as positive as possible as much based on analytical data available..hope this helps

thanks
 
rajhmal said:
GP111,

I have great regard for you, your answers, and knowledge, and to this forum.

I have been a silent participant (reading!!! ) of these forums for the past four years.
Current labor(PD May-28-02) stint is ongoing for two and half years and the previous labor/I-140 took about an year and had to end with a blow, as my previous employer was not willing to respond to a query(RFE) on my I-140. (Since I-140 was not approved, I had to apply a fresh labor with another employer, and forego my previous labor PD (Jan-16-2001)

I just want to find solace in your answers, as you are confidently saying the retrogression would keep advancing one month at a time, and not to worry, whose PD's are closer to 01-01-2002.

I am a bit skeptical about this, as I am of the opinion, that this retrogressed dates could stay at this level for some time, before they decide to move it forward. (In a similar note, I have read some where recently, that there is a possiblity that the dates could retrogress further backwards :( ) )

I do not know how these dates were moving when these dates were not current four/five years back. Do you have any idea of how these dates moved in those days? What makes you believe that the dates will move forward every month by one month? I wish these dates move. Thanks in advance for your answer.
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I too have high regard for GP but i too skeptical on visa nos. availabelity due to high rate of approvals start flowing after March 2005 which makes back logs at process of I140 and 485 stages. (Bec centre process time for non-rir is 200days and 60days for RIR cases)

They may have to introduce onther BEC centre for 140 & 485 stages but unfortunately Visa nos. are fixed by country of birth.

It looks those of us who waited for very long time in LC stage require to wait again for more time at other stages.
 
What about April cases?

gp111 said:
Better Believe it... There is only 1 (yes ONE) person responsible of processing CA RIR SF DOL cases, others are transferred to BEC or got laid off (Who ware not ready for location change).
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GP111,

I keep hearing that cases starting May 2003 went to BECs. But what about April? I have RD 04/24/2003 - does this mean that my case is going to be processed by that only person left? I'm confused. Could you please clarify that?

P.S. Thank you for you great help!
 
Can we sue the department of Labor ?

I think this would be interesting .

In 1999, 2000, they processed extremely efficient .

I personally think that is discrimination .
 
12/14/2004 PERM Cleared12/10/04

The White House announced in the dawn today that it cleared the long-awaited PERM final regulation of the U.S. Department of Labor. The exact date of release of this regulation in the federal register is unknown and left to the DOL, but it may not take too long to release this regulation. The Chief of Foreign Labor Certification, DOL, previously stated that once the regualtion was published, it would have 60-day window period of time before the PERM program would be actually launched. Now, PERM is reality and no longer the subject of speculation.
The current labor certification system of RIR, Limited Review, and Regular labor certification applications will soon disappear and be discontinued. The National Processing Centers in Chicago and Atlanta will go into full operation of the new labor certification applications named PERM as soon as the 60-day window is opened. For the development of this news, please stay tuned to this website.
SOURCE: http://www.immigration-law.com
 
Perm!!

Man! more confusion. BEC,NPC and now PERM

Nirvan said:
12/14/2004 PERM Cleared12/10/04

The White House announced in the dawn today that it cleared the long-awaited PERM final regulation of the U.S. Department of Labor. The exact date of release of this regulation in the federal register is unknown and left to the DOL, but it may not take too long to release this regulation. The Chief of Foreign Labor Certification, DOL, previously stated that once the regualtion was published, it would have 60-day window period of time before the PERM program would be actually launched. Now, PERM is reality and no longer the subject of speculation.
The current labor certification system of RIR, Limited Review, and Regular labor certification applications will soon disappear and be discontinued. The National Processing Centers in Chicago and Atlanta will go into full operation of the new labor certification applications named PERM as soon as the 60-day window is opened. For the development of this news, please stay tuned to this website.
SOURCE: http://www.immigration-law.com
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Labor Substitution Question!!!

Folks,
I am new to this forum and have a question regarding "PRIORITY DATE"

1. I received an RFE in October 2004 and my company responded immediately.But till date I havent heard back from DOL-SFO!
Im concerned here as my wife is currently on OPT and would need an EAD soon in order for her to continue working.My company has suggested that they would utilise a pre-approved labor to file my I-140 & 485 before December end so that the EAD can be processed.

However my question is which PRIORITY DATE is considered when my I-140 is filed?
I have read several responses in this regard and now Im confused if it would be worthwhile for me to wait for my own labor or use the pre-approved labor keeping in mind the RETROGRESSION OF VISA DATES!

Appreciate your response in this regard!
 
kayjay said:
Folks,
I am new to this forum and have a question regarding "PRIORITY DATE"

1. I received an RFE in October 2004 and my company responded immediately.But till date I havent heard back from DOL-SFO!
Im concerned here as my wife is currently on OPT and would need an EAD soon in order for her to continue working.My company has suggested that they would utilise a pre-approved labor to file my I-140 & 485 before December end so that the EAD can be processed.

However my question is which PRIORITY DATE is considered when my I-140 is filed?
I have read several responses in this regard and now Im confused if it would be worthwhile for me to wait for my own labor or use the pre-approved labor keeping in mind the RETROGRESSION OF VISA DATES!

Appreciate your response in this regard!
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Priority Date is your Appln recieved by state (SESA)
If instead of using your own LC and if you are going through any other route then your PD is the date you file I-140.
PD is hard maped to the Allien but you can use your PD date and others approved substitution LC.

Btwn your objective is only getting EAD immediately the second route is fast.
But You may also ponder over issues like using EAD vs H1, like if there is any deniel in future, EAD user will not be able to come back to H4/H1
 
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slaviki said:
GP111,

I keep hearing that cases starting May 2003 went to BECs. But what about April? I have RD 04/24/2003 - does this mean that my case is going to be processed by that only person left? I'm confused. Could you please clarify that?

P.S. Thank you for you great help!
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Yes , only cases having RD at dol May 2003 were transferred to BEC for RIR and oct 2003 for non-rir

Typo corrected
 
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SFO Case numbers

gp111 said:
Have you received DOL Receipt ? It will have your DOL Case Number & DOT code (Which is different from SESA case number)

rspr said:
Hi,

My case was moved to SFO DOL during August 2003. Filed with SESA in August 2002.

However, on the transmittal letter received from EDD, my case number is entirely different in series and even the number of digits are less. Is this some thing to worry about?

Does any body else has similar situation?

What are the case numbers for people with Rd in and after August 2003?

Thanks
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Thanks for responding gp111.

I asked my attorney about this and they said, there was no communication from DOL after that. Per EDD letter, my case was transferred to DOL in August 2003. With in how many days, I should have received the DOL receipt (case number)?

Also, I looked at the "http://www.flcdatacenter.com/casesearchperm.asp", and my case is not there. Is this scenario common or some thing to worry about?. What steps I need to take to get things straightened up?

Thanks a lot.
rspr
 
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rspr said:
Thanks for responding gp111.

I asked my attorney about this and they said, there was no communication from DOL after that. Per EDD letter, my case was transferred to DOL in August 2003. With in how many days, I should have received the DOL receipt (case number)?

Also, I looked at the "http://www.flcdatacenter.com/casesearchperm.asp", and my case is not there. Is this scenario common or some thing to worry about?. What steps I need to take to get things straightened up?

Thanks a lot.
rspr
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Dial AVM # 415-975-4617.. press 1, 2.. enter your company / attorney main phone number & see if you can find any cases received in August/Sept 03...
 
Late Breaking News from immigration-law.com

_____________________________________________
12/14/2004 PERM Cleared12/10/04

The White House announced in the dawn today that it cleared the long-awaited PERM final regulation of the U.S. Department of Labor. The exact date of release of this regulation in the federal register is unknown and left to the DOL, but it may not take too long to release this regulation. The Chief of Foreign Labor Certification, DOL, previously stated that once the regualtion was published, it would have 60-day window period of time before the PERM program would be actually launched. Now, PERM is reality and no longer the subject of speculation.
The current labor certification system of RIR, Limited Review, and Regular labor certification applications will soon disappear and be discontinued. The National Processing Centers in Chicago and Atlanta will go into full operation of the new labor certification applications named PERM as soon as the 60-day window is opened. For the development of this news, please stay tuned to this website.
______________________________________________

It would be interesting to see how this evolves as the progress of BRC and the whole visa numbers fiasco are nothing but confusing and frustrating. I would be eager to know how it will be implemented and if/how existing applications would be allowed to convert, but unfairness is nothing new to this community either, so keeping my fingers crossed.

Good luck everyone!
 
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My RD is 5/1/2003

All, My RD is May 1, 2004. I am assuming that it would have gone to the BEC. But today when I read the reply of mnhdr to some one, it says all the cases on or after 05/03/2004 haev been moved to BEC. Is it true that mine is still in the SFO DOL.
 
cpallapothula said:
All, My RD is May 1, 2004. I am assuming that it would have gone to the BEC. But today when I read the reply of mnhdr to some one, it says all the cases on or after 05/03/2004 haev been moved to BEC. Is it true that mine is still in the SFO DOL.
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its a typo.. It should be 05/01/2003 & later
 
mnhrdc said:
If I were you , and if LC is not likely to be recived by end of Dec. I should not be worried very much,
Later in Feb/Mar 2005 It can be expected to become current with your date.
(If not retrogressed later to very deep to be get realy bumped.)
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Thanks mnhrdc. Also clearing of PERM regulation sounds good too.
 
just curious

so finally PERM moves on ~

Does this mean PERM applicant will be in priority than the rest of us waiting for RIR LC to be approved ?

Can I apply again in PERM while in RIR waiting?

Or they (Labor department ) are going to finish all cases in 6 months once PERM starts to accept the applications ????

Are they really trying to simpify the process or just burden themselves ?

Some thoughts ??
 
requirements for substitute labor

What are the requirements for pre-approved labor? Say the application was for BS + 4 years of experience but at the time for the pre-approved application, I had MS + 2 years instead. Does that count? Or are the chances of rejection high?
Any ideas?
 
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