San Francisco Regional DOL Tracker

http://boards.immigrationportal.com/showthread.php?t=147697

Guys,
The following is from the above link.
1.By March 31, 2005, the SWAs are expected to have had all their cases transferred to one of the two new backlog reduction centers or to foreign labor certification staff in New York, Boston or San Francisco for completion of processing. The DOL plans to process backlogged cases in the order of original filing dates with the oldest being worked first. The cases will be handled either under the traditional recruitment rules or the Reduction in Recruitment rules depending on which method was chosen during the initial filing.



The DOL is also establishing national processing centers in Atlanta and Chicago which will handle cases that are not part of the backlog reduction program. The Atlanta and Chicago processing centers are expected to be operational by the end of 2004. After that date, all SWAs will forward “open” cases to these two centers. From January 1st onward, SWAs will “accept” cases, but not “open” cases filed by employers and forward them to either Atlanta or Chicago (depending on jurisdiction noted below).
 
m_chundi said:
http://boards.immigrationportal.com/showthread.php?t=147697



Guys,
The following is from the above link. This means the BRC's will be entering data into their system till march 31st.
Earlier, Atlanta and Chicago centers were planned for PERM. Now this says for Backlog elimination. Don't know what is going on. Do any of u have any clue?
1. By March 31, 2005, the SWAs are expected to have had all their cases transferred to one of the two new backlog reduction centers or to foreign labor certification staff in New York, Boston or San Francisco for completion of processing. The DOL plans to process backlogged cases in the order of original filing dates with the oldest being worked first. The cases will be handled either under the traditional recruitment rules or the Reduction in Recruitment rules depending on which method was chosen during the initial filing.



2. The DOL is also establishing national processing centers in Atlanta and Chicago which will handle cases that are not part of the backlog reduction program. The Atlanta and Chicago processing centers are expected to be operational by the end of 2004. After that date, all SWAs will forward “open” cases to these two centers. From January 1st onward, SWAs will “accept” cases, but not “open” cases filed by employers and forward them to either Atlanta or Chicago (depending on jurisdiction noted below).
 
Hi pklam,

Yes you are right... I may have gotten the 3-option letter for certain. .. probably sometime in Jan or Feb. My company has recently started hiring people ...
so maybe it they could have come up with some thing fot the 3-option letter.

-Good luck.


pklam said:
Hi Solaris,
Congrats on getting an preapproved labor. I noticed you have MS + 0 yrs experience and i also fall in the same category. Can i presume that you expected the 3 ltr option when you went looking for preapp labor or did you get and retest the market. Would appreciate if you give me more details.

Thanks
 
Count me in to for support...

Abt the news on BRC: is it true that the BRC will give priority to the respective DOLs over other DOL's cases being handled by that BRC? For example, Phily BRC will first look at Phily's DOL's cases before opening SF DOL's cases? That's so unfair if it's true!! :(


buckleup1 said:
To: nogcnolife, ravi kiran and all others in the form

First, I want to thank gp111 for the incredible service he is providing to the group.

I have been a silent reader of this forum for 2 yrs+ and like the many of you, suffering slowly and silently but for sure suffering.

We need to wake up and do something. I remember a similar effort in this group a while back that was initiated by...Ash123 (i could be wrong)....I dont know what happened to that. If that was not successful we need to make sure that we redirect our efforts so this one is a success.

I agree with sending a email to Rajiv Khanna for his legal advice on this matter. If nogcnolife has already sent the email and has received a response I would like him to share that with the grp. If not we should spend some time and collect our thoughts and discuss with Rajiv. To that end, I am willing to spend $100 and put in needed time to write documents and research any facts.

Let us get ourselves motivated AGAIN as difficult as it might seem !

Arise Awake and Stop not till the goal is reached.

buckleup1
 
Backlog

Hi everyone,

I have been in this forum for a while and have been observing people getting frustrated and depressed for the slack in processing times for Labor Certifications.

This is a very genuine cause, knowing that people, who already got their green cards, don’t even know what Labor means. I happen to know a person, whose Labor was approved in 6 months (Sate + Federal). Now, not only there seems to be delays in Labor processing at DOL level but also lack of enough attention being given to this issue by the government.

Now what do we do with such a situation? We have two ways -
1) Keep silent, accept our fate and hope for the best when our individual turn comes. And when that time does come, and hoping that the certification goes smoothly, we send out an email to the forum-“ I had been a silent reader in this forum and finally I heard the sweet voice on AVM – Certified. Thanks for your help and support”. Period.
2) We act proactively to raise our voice and get the attention of law-makers/ people who can speed these things up. Now the question that comes is – HOW do we do this? We know that in US to get things moving, one has to take path of law and that’s precisely what we all need to do. If anyone has watched the movie “NEMO”- You shall appreciate the strength of “UNITY”, recollect how Nemo tells the captured fishes to swim in UNISON downwards and break the Net. We need to start a campaign and raise our voice. I know Rajeev Khanna did it for the I-485 by filing litigation. We can do the same and raise our voice for Labor Certification backlog in CA, maybe using help or separately. Now, I do not know if this would work to our desire but that’s our only option to go the right way and get this backlog cleared up in CA. Unless there is some other way, which I may not be aware. This way, we do not sit and watch people getting frustrated and instead, show what we deserve for working here and paying the taxes and huge fees. I am not asking anyone to start throwing stones at DOL office, though I know many of you feel like doing that :) but to get this group proactively work towards a solution…

My request to this forum of elite professionals is to raise your voice, throw in some ideas to start a process to get our voice heard at right levels and work on this issue. I see that some people here are very knowledgeable about immigration matters and can be great asset.

Let me know your views,
Thanks.
 
sandeep0902 said:
Hi everyone,

I have been in this forum for a while and have been observing people getting frustrated and depressed for the slack in processing times for Labor Certifications.

This is a very genuine cause, knowing that people, who already got their green cards, don’t even know what Labor means. I happen to know a person, whose Labor was approved in 6 months (Sate + Federal). Now, not only there seems to be delays in Labor processing at DOL level but also lack of enough attention being given to this issue by the government.

Now what do we do with such a situation? We have two ways -
1) Keep silent, accept our fate and hope for the best when our individual turn comes. And when that time does come, and hoping that the certification goes smoothly, we send out an email to the forum-“ I had been a silent reader in this forum and finally I heard the sweet voice on AVM – Certified. Thanks for your help and support”. Period.
2) We act proactively to raise our voice and get the attention of law-makers/ people who can speed these things up. Now the question that comes is – HOW do we do this? We know that in US to get things moving, one has to take path of law and that’s precisely what we all need to do. If anyone has watched the movie “NEMO”- You shall appreciate the strength of “UNITY”, recollect how Nemo tells the captured fishes to swim in UNISON downwards and break the Net. We need to start a campaign and raise our voice. I know Rajeev Khanna did it for the I-485 by filing litigation. We can do the same and raise our voice for Labor Certification backlog in CA, maybe using help or separately. Now, I do not know if this would work to our desire but that’s our only option to go the right way and get this backlog cleared up in CA. Unless there is some other way, which I may not be aware. This way, we do not sit and watch people getting frustrated and instead, show what we deserve for working here and paying the taxes and huge fees. I am not asking anyone to start throwing stones at DOL office, though I know many of you feel like doing that :) but to get this group proactively work towards a solution…

My request to this forum of elite professionals is to raise your voice, throw in some ideas to start a process to get our voice heard at right levels and work on this issue. I see that some people here are very knowledgeable about immigration matters and can be great asset.

Let me know your views,
Thanks.


I am 100 % agree to you & similar message posted above. Lets make couple of people from us our voice (leaders), Try to contact Rajiv's office & ask for advice. If required we can come up with some money to pay for.
 
gp111 said:
I am 100 % agree to you & similar message posted above. Lets make couple of people from us our voice (leaders), Try to contact Rajiv's office & ask for advice. If required we can come up with some money to pay for.


You have my support to raise voice and approach Rajiv on this matter. I was waiting in queue for labour for more than 20 Months ...
 
No one better than the people who had their cases remanded know about the ongoing frustrations. 3 1/2 years down the drain and still at step 1.

I do totally agree to what you say and would love to be a part of any litigation process. But, at the end of the day all our frustations/anger mean nothing to anyone whatsoever.

Things to ponder about:

How can the DOL just come to an an arbitary conclusion that all cases that have a (B.S or MS) + 0 yrs experience will not be considered as RIR cases (Carlson's memo). Do you think AILA and the Immigration lawyer community was not a part of the decision ? I am sure they were. It was just a bargain that we had to pay for!!

My 2 cents. Really very frustrated and hope to see some light at the end of this goddamn tunnel.

sandeep0902 said:
Hi everyone,

I have been in this forum for a while and have been observing people getting frustrated and depressed for the slack in processing times for Labor Certifications.

This is a very genuine cause, knowing that people, who already got their green cards, don’t even know what Labor means. I happen to know a person, whose Labor was approved in 6 months (Sate + Federal). Now, not only there seems to be delays in Labor processing at DOL level but also lack of enough attention being given to this issue by the government.

Now what do we do with such a situation? We have two ways -
1) Keep silent, accept our fate and hope for the best when our individual turn comes. And when that time does come, and hoping that the certification goes smoothly, we send out an email to the forum-“ I had been a silent reader in this forum and finally I heard the sweet voice on AVM – Certified. Thanks for your help and support”. Period.
2) We act proactively to raise our voice and get the attention of law-makers/ people who can speed these things up. Now the question that comes is – HOW do we do this? We know that in US to get things moving, one has to take path of law and that’s precisely what we all need to do. If anyone has watched the movie “NEMO”- You shall appreciate the strength of “UNITY”, recollect how Nemo tells the captured fishes to swim in UNISON downwards and break the Net. We need to start a campaign and raise our voice. I know Rajeev Khanna did it for the I-485 by filing litigation. We can do the same and raise our voice for Labor Certification backlog in CA, maybe using help or separately. Now, I do not know if this would work to our desire but that’s our only option to go the right way and get this backlog cleared up in CA. Unless there is some other way, which I may not be aware. This way, we do not sit and watch people getting frustrated and instead, show what we deserve for working here and paying the taxes and huge fees. I am not asking anyone to start throwing stones at DOL office, though I know many of you feel like doing that :) but to get this group proactively work towards a solution…

My request to this forum of elite professionals is to raise your voice, throw in some ideas to start a process to get our voice heard at right levels and work on this issue. I see that some people here are very knowledgeable about immigration matters and can be great asset.

Let me know your views,
Thanks.
 
gp111 said:
I am 100 % agree to you & similar message posted above. Lets make couple of people from us our voice (leaders), Try to contact Rajiv's office & ask for advice. If required we can come up with some money to pay for.

Yes Please count me in too. Looks like a lot of us are motivated to get this done and it is atleast a good start. Now we need to come up with a plan to do something.
Did anyone contact Rajiv regarding this yet.
 
I would love to get involved in this issue.

gp111 said:
I am 100 % agree to you & similar message posted above. Lets make couple of people from us our voice (leaders), Try to contact Rajiv's office & ask for advice. If required we can come up with some money to pay for.

I would love to share the cost if it is feasible.
 
Really frustrated about LC. I think everyone in this goddamn tunnel should organize together to do sth!
 
email to rajiv

Great to see a flurry of responses. We need to fix some project timeframes here. We need to collect (thoughts), compose (letter) and contact (rajiv and other authorities). Please post reasonable time frames that you think will work. I think we must try to establish our first contact with Rajiv by October 31, 2004, 10 days from now. Let us get our thoughts in by Sunday, 24th. What do you guys say ? Frame letter and finalize by 29th and call/email him by 31st ?

buckleup1

PS: I suggest opening up a blog for oursleves - to vent our anger and at the same time for easy editing of any letters, documents we prepare. Please suggest other ideas.
 
Last edited by a moderator:
News from immigration-law.com

10/20/2004: DOL National Processing Centers and Backlog Elimination Centers Operation Guidance
· AILA has released the DOL Memo of September 29, 2004 to give guidance to the State labor certification offices (SWA) on the changes of operation of permanent labor certification application in connection with the launch and operation of the Backlog Elimination Centers (BEC) in Philadelphia and Dallas and the National Processing Centers (NPC) for the PERM in Chicago and Atlanta. The Memo indicates that the BEC has gone into operation since the beginning of the FY 2005, October 1, 2004, and the NPC will go into operation by the end of the year, December 31, 2004. The Memo indicates that these new national processing system of the permanent labor certification applications will be in place regardless of the PERM Program which is currently stalled at the White House for the OMB Review.
· Timeline-Cutoff Date: (1) If the PERM regulation is released by the White House and published by the DOL, the current labor certification system including RIR will be ceased "60 day" from the date of the release of the regulation. Should this happen, the labor departments will not accept old labor certification applications and the state offices will be phased out when it comes to processing of the permanent labor certification applications from the date. This timeline implies that assuming that the PERM regulation will be released right after the national election, unless the employers are ready to file RIR applications within the next two months or so after completing the recruitment, it will be too late for them to file the applications under the labor certification system. (2) If the PERM regulation collapses due to the disagreement by the White House, the DOL will continue to operate the permanent labor certification system under the existing rule but under the completely different processing system as follows. The cut-off date is January 1, 2005.
· New Permanent Labor Certification Processing System: Permanent labor certification will be totally converted into a "national processing" system effective January 1, 2005 and the state offices will be phased out as of January 1, 2005 in a manner which is described below. Conversion into the national processing system will bring about a steeper change than the simple change of processing agency in that the permanent labor certification applications will be processed under the "uniform" national queue regardless of the locations and under the rule of the "FIFO" ( First In First Out) regardless of the locations. Accordingly, the NPCs and BECs will process the cases in the order of the priority date of each application no matter where the case was filed. This change will result in some big consequencesto the labor certification waiters: The oldest backlog cases will be processed first regardless of the locations. This inevitably forces the DOL (NPC and BEC) to focus on the cases which are pending in certain locations such as San Francisco and big 10 states where there are a huge number of backlog cases going back to years and years. The big losers will be people in those states who enjoyed prompt processing until now (mostly small states) such as New Hemphshire, Vermont, Maine, Minnesota, Iowa, Nebraska, etc. Since the labor certification will be processed under a uniform "national" processing schedule on a FIFO basis, the people in these states will witness negative changes in the processing times.
· Processing Changes and Timelines: The current Regions and State Offices will be gradually phased out as follows:
o The State offices will cease to take a new permanent labor certification applications effective January 1, 2005 regardless of the PERM program.
o Until January 1, 2005, the State Offices will take new cases under the existing labor certification regulation.
o If the State Offices complete processing of certain cases and are ready for forwarding to the current Regional Offices for certification before the end of the year, they are required to forward the completed cases to the current Regional Certifying Officers as they did it in the past.
o If the State Offices opened the cases but were unable to complete processing of the opened cases by December 31, 2004, they are required to continue and complete processing of such cases and forward such cases for certification not to the Regional Certifying Officer but to one of the NPC in Chicago or Atlanta.
o If the State Offices have cases which were received but unopened or processed, such cases are required to be transferred to the BECs in Philadelphia and Dallas under the following schedules:
o 10/1/04: Large number of oldest cases will be transferred to the BEC from San Francisco.
o Early October - End of October 2004: The oldest cases from other Regions and States will be transferred to the BEC.
o January - March 2005: Rest of the backlog cases will be transferred to the BEC (Philadelphia, Dallas) or the Regional Offices in New York, Boston, San Francisco.
o Under the schedules, only "unopened" cases are allowed to be transferred to the BEC. Consequently, "opened" cases will be kept being processed by the State Offices even after March 2005.
· The new system is equitable and admirable in the sense that it totally eliminates inequity and unfairness that have existed until now depending on where an immigrant goes through the labor certification process. It will, however, be taken by some people in certain states as a shock. Life changes.
 
Impact on March

Gp111,

1. Any thoughts on the impact of the moving cases from DOL to BEC (or NPC) on the March'03 cases ?

2. Does this explain the lack of progress by DOL as they may be busy sending cases to BEC ?
 
When they are talking about transferring cases, they said "STATE OFFICE". Does this mean state level (first step which we've already passed SESA) or the reginal DOL office (which our cases are now)?
 
How about cases in regional office?

The memo focus on addressing the cases in SWA (state level), but we're in the regional office now. How does this memo affect our cases in the regional office?
 
xyr888 said:
The memo focus on addressing the cases in SWA (state level), but we're in the regional office now. How does this memo affect our cases in the regional office?
Hi Guys,
If you look at the Attachment 1 of the memorandum the FIRST STEP is to transfer cases from SF-FLC office. I think this means regional office.
Subsequent steps talk about SWA.
Thanks.
 
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