San Francisco Regional DOL Tracker

Thank you so much, gp111.
I'm waiting for the final decision of the job, getting close there. But I'm not sure it can be finalized by next week when my 6th year ends :-(
Thank you for the link of RAJIV KHANNA, I'll ask them.
 
which is faster

I have checked my case in SFO DOL. My case was moved from SESA to DOL and received on 8/3/2004. Now I have a chance to switch job. If I do so, I will start again my labor cert app. If I stay, I will wait for my case to be proceeded. I don't know which way is better for me. Can anyone tell me any tip on this? Thanks a lot!
 
My education evaluation says Bachelor in Comp Science.

In that case - if the ETA 750 / substitue labor says Masters , I cannot use it ?


gp111 said:
In Preapproved Labor you want to use...

If it says Masters Or equal., Just get an education evaluation & also present your resume such a way that it shows progressive experience.

Good Luck
Click to expand...
 
help4lc said:
My education evaluation says Bachelor in Comp Science.

In that case - if the ETA 750 / substitue labor says Masters , I cannot use it ?
Click to expand...

You can get a new education evaluation where they will evaluate your experience also & give you a piece of paper stating you are as qualified as Masters (BS + Progressive experience)..
 
DOLs after Jan 1st 2005

gp111 said:
Your Lawyer is not ignorant, but does not want to take trouble of replying / finding correct information. You Case MUST be in Seattle queue of SF DOL & till today they process both queues seperately (SF DOL - March 2003, Seattle DOL at SF - April 2004).

They are currently only transferring high backlogged regions to BEC & Seattle in not one of them. They will continue process Seattle Cases at SF DOL till BEC clears other backlog & then move remaining cases to BEC/NPC.

hope this helps
Click to expand...

Thanks gp111 appreciate your insight into this.
I remember reading somewhere in this forum that SFO DOL will remain in affect till 2006. Does that mean that the Seattle DOL queue will also remain in affect till 2006, or is it subject just to the number of cases remaining in the BECs.
Or, as also mentioned, will the Seattle DOL queue ceases to process cases by Jan 2005, upon which all cases in the Seattle DOL queue will move to one(hope not more!) or the BECs/NPCs?

Cheers
 
navdod said:
Thanks gp111 appreciate your insight into this.
I remember reading somewhere in this forum that SFO DOL will remain in affect till 2006. Does that mean that the Seattle DOL queue will also remain in affect till 2006, or is it subject just to the number of cases remaining in the BECs.
Or, as also mentioned, will the Seattle DOL queue ceases to process cases by Jan 2005, upon which all cases in the Seattle DOL queue will move to one(hope not more!) or the BECs/NPCs?

Cheers
Click to expand...

No Information has been released by SF DOL on this yet.. Lets wait & watch.

good luck
 
Good info from Immigration-law.com

Retrogression of Visa Numbers and Effect of Pending I-485 and Ancillary Applications of EAD/Advance Parole

Obviously when the visa number retrogresses, question arises with respect to the pending I-485 application and eligibility for EAD and Advance Parole during the period of the visa number unavailabity. This is a policy issue rather than a legal issue.
Traditionally, the legacy INS held in abeyance pending I-485 applications during the period of visa number unavailabity and the status of the 485 applicants were deemed in status pending availability of the visa numbers and the subsequent adjudication of I-485 application. During such period, the legacy INS also exercised discretion and issued EAD and Advance Parole and extension of EAD and Advance Parole. It is likely that the USCIS may retain such policy if the visa numbers retrogress next year.
When visa number retrogresses, the consular processing of immigrant visa is riskier than I-485 option in that neither EAD nor Advance Parole will be available during the period of visa number unavailable when one opts for the consular processing, while in the I-485 option, the alien will be able to keep obtaining and extending EAD.


Substitution of Labor Certification Beneficiary Alien and Priority Date

Potential retrogression of the visa numbers in January 2005 brings back the issue of priority date on the spotlight. Under the immigration rule, the alien beneficiary "retains" the priority date once the labor certification is approved "and" I-140 petition is approved. Accordingly, unless the I-140 is revoked or the labor certification application is revoked, this specific alien retains the priority date established by the labor certification application. The same alien thus retains the priority date even if the alien starts a new labor certification application with the same employer or another employer. The concept of priority date is thus "alien-based" and the specific alien carries with him or her the priority date.
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.
 
Thank you Cpa...


cpallapothula said:
All,
As I said, here is what my lawyer commnted when asked him whether he has received any letter from BEC. Here is the content of email flow between me and my lawyer.

From Me ....
I just heard from the SFO AVM that, cases with RD(Received Date) May 2003 or after have been transferred to the Backlog Elimination centers in Philadelphia or Dallas. They also said, A letter will be sent with in 60 days regarding the contact information.

My RD is May 1st, 2003, So does it mean that my case has been transferred to BEC too. If so, Did you receive any letter in this regard.

From lawyer .......................
No letter yet. I don’t think this would be good news.

From Me ....

Why do you thing its not a good news. Did you hear any bad things about the BEC(Backlog Elimination Centers).

From lawyer ..............

"Your case was received in May 2003 – they are working on March 2003. I can’t see how transferring your file across the country and putting it into a new system is going to cut any time off of this. Apparently they are going to contact the employer in each case and ask if they are still interested. That will also take time. We’ll see what happens."
Click to expand...
 
Thank you hopealive...

HopeAlive said:
I am not gp, but I would take the liberty of answering this one.

According to SF DOL AVM system, all RIR cases with RD 05/2003 onwards and non-RIR cases with RD 10/2003 onwards have been transferred to BECs.
Click to expand...
 
Any updates on Mar 2003 approvals? Looks like they are still processing Mar 13th. I guess with this rate of approval, cases that are transfered to BEC will get approved before SF DOL can clear March and April 2003 cases.
 
Employer remanded cases and BEC ?

GP111 and others :

I'm wondering if someone could share your knowledge on
Employer remanded cases (back to state) and BEC. My case is
one among them w/ PD backdated to Jan 2002. I'm wondering
if this will also be moved and how will I know the (approximate)
slot of my case in the FIFO queue ?

Thanks..
 
Six years of H1B

GP111,

Do you have information on following: :confused:
If old employers Labor Certification is pending since 2+ years, and If applied from new employer's labor is pending lets say for 6 months. During this period If H1B is completing 6 years of quota, Is it still possible to apply for extension ?

And If second employer's labor is expected to be certified just 2 months after H1B expiration?

Thanks in advance.
 
pleaseGOD said:
GP111,

Do you have information on following: :confused:
If old employers Labor Certification is pending since 2+ years, and If applied from new employer's labor is pending lets say for 6 months. During this period If H1B is completing 6 years of quota, Is it still possible to apply for extension ?

And If second employer's labor is expected to be certified just 2 months after H1B expiration?

Thanks in advance.
Click to expand...

Irrespective of LC status with New Employer, if an LC on your name pending with any one of the employer (old, new, future ) more then 365 day, you become eligible for H1 extension.
 
gp111 said:
Good info from Immigration-law.com

Retrogression of Visa Numbers and Effect of Pending I-485 and Ancillary Applications of EAD/Advance Parole

Obviously when the visa number retrogresses, question arises with respect to the pending I-485 application and eligibility for EAD and Advance Parole during the period of the visa number unavailabity. This is a policy issue rather than a legal issue.
Traditionally, the legacy INS held in abeyance pending I-485 applications during the period of visa number unavailabity and the status of the 485 applicants were deemed in status pending availability of the visa numbers and the subsequent adjudication of I-485 application. During such period, the legacy INS also exercised discretion and issued EAD and Advance Parole and extension of EAD and Advance Parole. It is likely that the USCIS may retain such policy if the visa numbers retrogress next year.
When visa number retrogresses, the consular processing of immigrant visa is riskier than I-485 option in that neither EAD nor Advance Parole will be available during the period of visa number unavailable when one opts for the consular processing, while in the I-485 option, the alien will be able to keep obtaining and extending EAD.


Substitution of Labor Certification Beneficiary Alien and Priority Date

Potential retrogression of the visa numbers in January 2005 brings back the issue of priority date on the spotlight. Under the immigration rule, the alien beneficiary "retains" the priority date once the labor certification is approved "and" I-140 petition is approved. Accordingly, unless the I-140 is revoked or the labor certification application is revoked, this specific alien retains the priority date established by the labor certification application. The same alien thus retains the priority date even if the alien starts a new labor certification application with the same employer or another employer. The concept of priority date is thus "alien-based" and the specific alien carries with him or her the priority date.
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.
Click to expand...
Hi GP,

Have a few questions on the "retaining" of priority date:

[1] Is this valid only for cases filed after 1/1/05, or will it be effective on that date even for cases filed earlier?

[2] The second sentence says that this comes into the picture only when LC and 140 are approved. However, later it goes on to say that the priority date remains with the alien, even if a new labor is filed with the same or different employer. This leads me to believe that the labor was not approved earlier. Totally confused here!

[3] Bottomline is, does this mean that if an employee is laid off, or leaves his/her current company before the labor is certified, and the new company files a new labor, the employee retains the earlier priority date?

Thanks so much in advance,
DreaminOfGC:)
 
GC_dreamer

[1] Is this valid only for cases filed after 1/1/05, or will it be effective on that date even for cases filed earlier?

NO.. The Filing works on PD (The date your LC filed to SWA/SESA).. & The Date retrogression in only expected in EB3.

[2] The second sentence says that this comes into the picture only when LC and 140 are approved. However, later it goes on to say that the priority date remains with the alien, even if a new labor is filed with the same or different employer. This leads me to believe that the labor was not approved earlier. Totally confused here!

It means once you file a LC your PD has been established. That PD will be used for your eligibility of filing I-485 when your LC/I-140 gets approved.


[3] Bottomline is, does this mean that if an employee is laid off, or leaves his/her current company before the labor is certified, and the new company files a new labor, the employee retains the earlier priority date?

If the Previous employer continues to sponser the original LC (does not withdraw it) YES, the employee retains the earlier PD.
 
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