San Francisco Regional DOL Tracker
- Thread starter usnycus
- Start date
DOL process cases on PD or based on job code
Hi Everybody
Today I found ....
One of my friend who works for some big Pharma company in Bay area as biologist & have BS degree ....His PD is April 2003, and RO April 2004 already got approved on Nov 24, 2004.....
His case was in SF DOL ....
Does this mean they are processsing all the cases but computer/Electronics ..and sending them to Backlog and building more backlog ....
I could not understand ...Does this mean DOL is intentionally not processing computer professional cases or what ?
-Adya
Hi Everybody
Today I found ....
One of my friend who works for some big Pharma company in Bay area as biologist & have BS degree ....His PD is April 2003, and RO April 2004 already got approved on Nov 24, 2004.....
His case was in SF DOL ....
Does this mean they are processsing all the cases but computer/Electronics ..and sending them to Backlog and building more backlog ....
I could not understand ...Does this mean DOL is intentionally not processing computer professional cases or what ?
-Adya
Anand_Mishra
Registered Users (C)
It's very difficult to put any logic how SF dol is working(LIFO/FIFO/LILO)? Few cases moved to BEC, few got 45 days letter, few lucky already got approval.
just hope some day they will approve our cases as well.
Thanks,
just hope some day they will approve our cases as well.
Thanks,
Adya said:
tonysharma
Registered Users (C)
State Department Announces EB3 Rollback For January 2005
December 9, 2004 - The State Department today released the Visa Bulletin for January 2005, confirming that beginning on January 1, 2005, the priority date cutoff for green card applicants from China, India, and the Philippines in the employment-based third preference (EB3) category will be January 1, 2002.
As previously reported, this means that for EB3 applicants from China, India, and the Philippines, their eligibility to file an I-485 application for Adjustment of Status, and the rate at which pending applications in these categories would be approved and issued, would be restricted according to the State Department's priority date system. Each immigrant visa petition has a priority date associated with it (e.g., the date the original application for labor certification was filed, or the date the I-140 petition was filed if no labor certification was required in the category).
The priority date system directly impacts employment based green card applicants in the following ways:
Individuals who have not yet filed their I-485 application for adjustment of status will be eligible to file that application only when their priority date is current (i.e., the priority date is on or before the cutoff date published monthly by the State Department in the Visa Bulletin);
Individuals who have filed their I-485 application for adjustment of status will not have their green cards approved until their priority date is current. However, these adjustment of status applications will continue to be considered to be pending for the purpose of applying for employment authorization documents and advance parole documents;
Individuals with approved I-140 petitions who apply for their immigrant visa through a US consulate in their home country must have a current priority date at the time the immigrant visa application is filed and at the time the application is approved by the consulate.
The State Department monitors on a monthly basis the number of immigrant visas or green cards that are issued in each category and compares this number to the total available for that category for the year as fixed by statute. When the rate of approval of immigrant visas (green cards) approaches the maximum allowable, the State Department begins restricting the rate at which applications can be filed or approved. This is done by publishing on a monthly basis the priority date "cutoffs" for each visa category - immigrant visa applications with priority dates on or before the published cutoff date for the category (i.e., their priority date is "current") can be filed, or if pending, can be approved; applications with priority dates later than the published cutoff date cannot be filed or approved (if pending) and must wait until their priority date becomes "current." The published cutoff dates may sometimes retrogress (i.e., go backward over time rather than forward), according to the State Department's estimate of usage
December 9, 2004 - The State Department today released the Visa Bulletin for January 2005, confirming that beginning on January 1, 2005, the priority date cutoff for green card applicants from China, India, and the Philippines in the employment-based third preference (EB3) category will be January 1, 2002.
As previously reported, this means that for EB3 applicants from China, India, and the Philippines, their eligibility to file an I-485 application for Adjustment of Status, and the rate at which pending applications in these categories would be approved and issued, would be restricted according to the State Department's priority date system. Each immigrant visa petition has a priority date associated with it (e.g., the date the original application for labor certification was filed, or the date the I-140 petition was filed if no labor certification was required in the category).
The priority date system directly impacts employment based green card applicants in the following ways:
Individuals who have not yet filed their I-485 application for adjustment of status will be eligible to file that application only when their priority date is current (i.e., the priority date is on or before the cutoff date published monthly by the State Department in the Visa Bulletin);
Individuals who have filed their I-485 application for adjustment of status will not have their green cards approved until their priority date is current. However, these adjustment of status applications will continue to be considered to be pending for the purpose of applying for employment authorization documents and advance parole documents;
Individuals with approved I-140 petitions who apply for their immigrant visa through a US consulate in their home country must have a current priority date at the time the immigrant visa application is filed and at the time the application is approved by the consulate.
The State Department monitors on a monthly basis the number of immigrant visas or green cards that are issued in each category and compares this number to the total available for that category for the year as fixed by statute. When the rate of approval of immigrant visas (green cards) approaches the maximum allowable, the State Department begins restricting the rate at which applications can be filed or approved. This is done by publishing on a monthly basis the priority date "cutoffs" for each visa category - immigrant visa applications with priority dates on or before the published cutoff date for the category (i.e., their priority date is "current") can be filed, or if pending, can be approved; applications with priority dates later than the published cutoff date cannot be filed or approved (if pending) and must wait until their priority date becomes "current." The published cutoff dates may sometimes retrogress (i.e., go backward over time rather than forward), according to the State Department's estimate of usage
BEC and PERM clarifications/updates
Source: http://www.immigration-law.com/Canada.html
01/11/2005: Report from Chicago: 45 - 60 Day Processing Time for PERM Does not Apply to Conversion Cases
Another disappointing news for the conversion case is the processing times for such cases. DOL confirms that the processing time for conversion cases will be much longer than non-conversion PERM applications. DOL did not disclose the anticipated specific processing times for the conversion cases. It just stated that the processing times will be shorter than the current backlog cases waiting times, meaning it can be within two years or so. Uh?!
01/11/2005: Report from Chicago: No Parallel Applications Permitted Without Losing Priority Date
When people refile a PERM application without dislosing the pending application, the National Processing Centers will access the database at the BPCs to see whether any cases are pending for the employer and the employee. Accordingly, parallel filing of PERM application and non-PERM application will be blocked by the DOL. Such policy will enhance the risk of conversion and a fewer employers may attempt conversion fiing.
01/11/2005: Report from Chicago: Status of Backlog Reduction Work and Anticipated Processing Times
The Backlog Processing Centers (BPC) must complete several stages of activities before they can adjudicate any cases. The first step is to receive the backlog cases from the former Regions and SWAs in 50 states. The second step is to perform data entry and development of national database system for establishment of national "queue" for Traditional Cases and RIR pursuant to the policy of processing of First In First Out (FIFO) order. Once the development of national database system is completed, they will be ready to adjudicate the backlog applications. At this time, the BPCs are at the stage of receiving shipments from the states and the Regions. As soon as they receive the shipments, the contractors start making data entry to the national database.
The shipments are undertaken per the DOL Transitional Guidelines (TG). Those cases which were received before 01/01/2002 were scheduled to be shipped to the BPC by 12/31/2004 and remaining cases are scheduled to be shipped to the BPC by March 31, 2005. The shipments include only "unopened" cases. For the opened cases, the DOL has sent out instructions to the SWAs to complete the entire opened backlog cases by 03/31/2005.
The first shipment was made from San Francisco Region. Total 20,000 oldest cases. 10,000 cases were shipped to the Dallas BPC and 10,000 cases were shipped to the Philadelphia BPC. These cases have been data-entried and part of the inquiry letters have been sent out to the employers and their attorneys. The BPCs have also received 24,000 cases from 17 states as of the end of the year, and expects to receive altogether 100,000 within January 2005.
As for the backlog cases in the Regional Offices, total is tallied at 55,000 nationwide. These cases need to establish the national queue for FIFO processing.
The backlog reduction cases are handled by the two BPCs and the two satellite centers in San Francisco Regional Office and the Boston-New York Regional Office. These two Regional Offices cannot actively perform the backlog reduction work because they are not hooked upto the national database system. They are scheduled to be hooked upto the national database system along the way. These satellite centers will participate in the backlog reduction work for one year and will be phased out.
The timing of actual adjudication of cases will depend on two factors: One is the volume of conversion cases after the launch of PERM program on 03/28/2005. The larger the conversions are in number, the smaller the total numbers for the BPC will end up. The second factor is the timing of completion of shipment and data entry. DOL anticipates that it is not going to be for a while that the BPCs actually adjudicate and decide any cases. The entire backlog cases are predicted to be removed not in 24 months but from 24 month to 30 months from 03/28/2005. People should keep patience.
Source: http://www.immigration-law.com/Canada.html
01/11/2005: Report from Chicago: 45 - 60 Day Processing Time for PERM Does not Apply to Conversion Cases
Another disappointing news for the conversion case is the processing times for such cases. DOL confirms that the processing time for conversion cases will be much longer than non-conversion PERM applications. DOL did not disclose the anticipated specific processing times for the conversion cases. It just stated that the processing times will be shorter than the current backlog cases waiting times, meaning it can be within two years or so. Uh?!
01/11/2005: Report from Chicago: No Parallel Applications Permitted Without Losing Priority Date
When people refile a PERM application without dislosing the pending application, the National Processing Centers will access the database at the BPCs to see whether any cases are pending for the employer and the employee. Accordingly, parallel filing of PERM application and non-PERM application will be blocked by the DOL. Such policy will enhance the risk of conversion and a fewer employers may attempt conversion fiing.
01/11/2005: Report from Chicago: Status of Backlog Reduction Work and Anticipated Processing Times
The Backlog Processing Centers (BPC) must complete several stages of activities before they can adjudicate any cases. The first step is to receive the backlog cases from the former Regions and SWAs in 50 states. The second step is to perform data entry and development of national database system for establishment of national "queue" for Traditional Cases and RIR pursuant to the policy of processing of First In First Out (FIFO) order. Once the development of national database system is completed, they will be ready to adjudicate the backlog applications. At this time, the BPCs are at the stage of receiving shipments from the states and the Regions. As soon as they receive the shipments, the contractors start making data entry to the national database.
The shipments are undertaken per the DOL Transitional Guidelines (TG). Those cases which were received before 01/01/2002 were scheduled to be shipped to the BPC by 12/31/2004 and remaining cases are scheduled to be shipped to the BPC by March 31, 2005. The shipments include only "unopened" cases. For the opened cases, the DOL has sent out instructions to the SWAs to complete the entire opened backlog cases by 03/31/2005.
The first shipment was made from San Francisco Region. Total 20,000 oldest cases. 10,000 cases were shipped to the Dallas BPC and 10,000 cases were shipped to the Philadelphia BPC. These cases have been data-entried and part of the inquiry letters have been sent out to the employers and their attorneys. The BPCs have also received 24,000 cases from 17 states as of the end of the year, and expects to receive altogether 100,000 within January 2005.
As for the backlog cases in the Regional Offices, total is tallied at 55,000 nationwide. These cases need to establish the national queue for FIFO processing.
The backlog reduction cases are handled by the two BPCs and the two satellite centers in San Francisco Regional Office and the Boston-New York Regional Office. These two Regional Offices cannot actively perform the backlog reduction work because they are not hooked upto the national database system. They are scheduled to be hooked upto the national database system along the way. These satellite centers will participate in the backlog reduction work for one year and will be phased out.
The timing of actual adjudication of cases will depend on two factors: One is the volume of conversion cases after the launch of PERM program on 03/28/2005. The larger the conversions are in number, the smaller the total numbers for the BPC will end up. The second factor is the timing of completion of shipment and data entry. DOL anticipates that it is not going to be for a while that the BPCs actually adjudicate and decide any cases. The entire backlog cases are predicted to be removed not in 24 months but from 24 month to 30 months from 03/28/2005. People should keep patience.
At last labor approved
Hi All,
Finaly my labor approved yesterday. Today i checked avm status posted as certified on 01/10/2005. thank you for ALL your help.special thanks to gp111.
Here is my Case Details
Case No : 095530XX
PD :03/07/2002
DOL RD :03/17/2003
Company :South CA with 25 to 50 empoyee
Certified :01/10/2005.
Documents Rcvd : Pending
dot code : 999-151-032
Hi All,
Finaly my labor approved yesterday. Today i checked avm status posted as certified on 01/10/2005. thank you for ALL your help.special thanks to gp111.
Here is my Case Details
Case No : 095530XX
PD :03/07/2002
DOL RD :03/17/2003
Company :South CA with 25 to 50 empoyee
Certified :01/10/2005.
Documents Rcvd : Pending
dot code : 999-151-032
Urgent! Can I use approved labor from prior employer?
labor approved last year but will get layoff soon.
Would I be able to use approved labor from prior employer for my new job?
By the time I get laid off, if I use EAD, is it going to invavid my oppotunity to apply for green card with my wife or re-apply a green card myself in the future?
labor approved last year but will get layoff soon.
Would I be able to use approved labor from prior employer for my new job?
By the time I get laid off, if I use EAD, is it going to invavid my oppotunity to apply for green card with my wife or re-apply a green card myself in the future?
Last edited by a moderator: