Unopened SESA cases

I

img123

Registered Users (C)
Hi,

My Labor was filed with Harrisburg office in Phialdelphia in May'04. The processing dates show that they are processing as of April'04.
I would like to know with the new rule coming in to /or already come I don't know , the unopened labor applications filed will be sent to BRC or NPC(national processing center)??

What is the difference bteween BRC and NPC??

I suppose all the pending RIR''s and opened state labors will be sent to BRC and unopened labors from state will go to NPC.

Can anyone please shred some light on this??

Please share your knowledge

Thanks!
 
img123 said:
Hi,

My Labor was filed with Harrisburg office in Phialdelphia in May'04. The processing dates show that they are processing as of April'04.
I would like to know with the new rule coming in to /or already come I don't know , the unopened labor applications filed will be sent to BRC or NPC(national processing center)??

What is the difference bteween BRC and NPC??

I suppose all the pending RIR''s and opened state labors will be sent to BRC and unopened labors from state will go to NPC.

Can anyone please shred some light on this??

Please share your knowledge

Thanks!
Click to expand...

All unopened cases will go to BEC not NPC. SWA opened cases will go to NPC.
 
Opened Vs. Unopened Cases

Would anybody be able to describe what is meant by "Opened" and Un-Opened" cases??

Would assigning a PD by SWA be considered - Case Opened??

Thanks much,
 
From what I read on this Site, the impression that I got was that the "Unopened cases" are those that are filed after January 1, 2005. All those Filed upto 30th December, 2004 count as "opened cases". I would definitely like to see a contrary view so that I am better informed... :)
 
columbusdude007 said:
From what I read on this Site, the impression that I got was that the "Unopened cases" are those that are filed after January 1, 2005. All those Filed upto 30th December, 2004 count as "opened cases". I would definitely like to see a contrary view so that I am better informed... :)
Click to expand...

Unopened case means SWA did not looked at your file. Only cases which they are currently working on will be processed at SWA all the remaining will go to BEC.
 
Unopened Cases

Ok..here is the link that gave me the impression I had. Maybe experts in Law/English can interpret this better than me and clarify:-

http://www.immigration.com/frame/permtranguidfr.html

But per the explanation given by GC_DJ, the cases filed after the Processing Dates shown here - http://www.immigration.com/processing-times/protest2.html should qualify as "Unopened".

So, all these "Unopened" (including mine I think :( ) will be shipped to the Backlog Processing Centres. Now, will all these applications be processed before they start processing the PERM applications is the Million Dollar question! Does anyone know the answer to that? :)
 
columbusdude007 said:
From what I read on this Site, the impression that I got was that the "Unopened cases" are those that are filed after January 1, 2005. All those Filed upto 30th December, 2004 count as "opened cases". I would definitely like to see a contrary view so that I am better informed... :)
Click to expand...

I spoke to the lawyer and I got the information that any case filed until Dec 31, 2004 will go the to SWA for processing. Any case filed on or after Jan 1, 2005 will go to the BRC.
 
Unopened Cases

ashishagl said:
I spoke to the lawyer and I got the information that any case filed until Dec 31, 2004 will go the to SWA for processing. Any case filed on or after Jan 1, 2005 will go to the BRC.
Click to expand...

That seems a correct statement. But will the SWA's "Open" and process all such cases by March 28th? From what I read on here, there is no such Rule! If they are not, then they will be shipped to BRC. So, basically there is no guarantee that all SWA's are capable of processing all applications received until Dec 31! :)
 
columbusdude007 said:
That seems a correct statement. But will the SWA's "Open" and process all such cases by March 28th? From what I read on here, there is no such Rule! If they are not, then they will be shipped to BRC. So, basically there is no guarantee that all SWA's are capable of processing all applications received until Dec 31! :)
Click to expand...

Well, here is how it goes. Lets say it takes 10 months for Chicago SWA to process LC. Any application filed on or before Dec 31, 2004 will revolve around the same time frame since it was submitted to the Chicago SWA. After Dec 31, 2004, all SWAs will stop receving any LC application. But since PERM will not take into effect until March 28, 2005, any application filed between Jan 1 - March 27 2005 will be processed by the old rule BUT since it would go to BRC, the timeline would vary about which no one is sure yet. So, there is rule or condition as such that SWAs should be done with finishing LC applications by March 27. They would go on at their normal pace.
 
I think some of us are really misinformed in this forum.
This is whats happening from what I understand:
* All unopened cases dated until dec 31st 04, from both SWAs and Fed DOL will be taken care by BRC/BEC.

* SWA will continue to receive & stamp the new applications from Jan 1st 05 until perm is fully implemented. These applications will go to NPC/PERM office and not BEC/BRC.

* According to the plan all pending applications from DOLs is already in the BEC/BRC.

* Currently BEC/BRC is receiving first batch of SWAs files that are dated before Jan 2003.

* Second batch of SWAs files until the date Dec 31st 04 will be received by BEC/BRC by 31st March 05.

* Opened cases currently being worked on by the SWAs will go to NPC/PERM office and not BEC/BRC.
 
Unopened Cases

Ashisagl,

I found another link on this site which explains what happens to pending cases as on 28th March, 2005.

http://www.immigration.com/perm/WhataboutLaborCertificationsthatarecurre.html

The below extract is particularly interesting but I want to know what the bolded means. I am totally ignorant what a "Job Order" is ...

Conversion of Pending Cases
Section 656.17
(d) Refiling Procedures. (1) Employers that filed applications
under the regulations in effect prior to March 28, 2005, may, if a job
order has not been placed pursuant to those regulations, refile such
applications under this part without loss of the original filing date....
 
columbusdude007 said:
Ashisagl,

I found another link on this site which explains what happens to pending cases as on 28th March, 2005.

http://www.immigration.com/perm/WhataboutLaborCertificationsthatarecurre.html

The below extract is particularly interesting but I want to know what the bolded means. I am totally ignorant what a "Job Order" is ...

Conversion of Pending Cases
Section 656.17
(d) Refiling Procedures. (1) Employers that filed applications
under the regulations in effect prior to March 28, 2005, may, if a job
order has not been placed pursuant to those regulations, refile such
applications under this part without loss of the original filing date....
Click to expand...

Yeah, I spoke to my lawyer again. I guess all pending cases will be forwarded to the National Processing Center. Do we know how much time it would take them? One very good question - If someone has applied Labor from 2 or more states, the National Processing Center may have more than 2 applications for the same individual? How will they take this?
 
how many pending RIR cases compared to regular cases?

There are supposedly 300,000 pending labor cases. Does ANYONE know how many of these pending labor cases are regular, and how many are RIR? what is the ratio?????
 
fresh labor - where to apply?

Does anyone know if someone wants to apply for labor between Jan 1, 05 and Mar 27, 05 - where are they supposed to aplply? State SESA or NPC?
 
justdoit said:
Does anyone know if someone wants to apply for labor between Jan 1, 05 and Mar 27, 05 - where are they supposed to aplply? State SESA or NPC?
Click to expand...

From what I read on various links on this website, the applications till 27th March will continue to be accepted at the same place that they have been accepted all these days - State SESA. They will not be "opened" though. They will just be shipped to the NPC after having been given a priority number.
 
SWA/SESA case being moved to BEC

Maybe this info can help someone out here...

Just spoke with my lawyer this morning and he said my case (Sept. 04) is probably being moved from the Florida SWA to the Dallas BEC, and NOT to the NPC like I thought it would...

Hope this helps.
 
hi
I got this from other website.hope this help little.


The DOL released instructions to the State Workforce Agencies (SWAs) on December 3, 2004 regarding how to ship their unopened cases to the BECs. SWAs are directed to send all unopened cases with receipt dates prior to 2003 to the assigned BECs by December 31, 2004. Those remaining cases that the SWAs have not started to process as of January 1, 2005, must be sent to the BECs in a second shipment that is due by March 31, 2005"
Here is the link of the same
"http://www.murthy.com/news/n_trawat.html"
 
Prority

Hi,

I would liek to know how the BEC centers work on case unopened from the states, suppose Philly cases will be first worked in philly bec and then they will look for othere regions cases in FIFIO or they will go on basis of FIFO irrespective of the region??

Can you please shed some ligt on this as my case was sent to BEC philly from Harrisburg file din May'04??


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