Virginia SESA Tracker

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Employment Visa Numbers Retrogress for EB3

Employment Visa Numbers Retrogress for EB3
Dec 09, 2004

As predicted, the Department of State (DOS) has announced that the Employment Based, 3rd Preference (EB3) visa numbers for India, mainland China, and the Philippines will retrogress on January 1, 2005. The EB3 numbers for nationals of the listed countries will retrogress to January 1, 2002. This means that, as of January 1, 2005, anyone who is the beneficiary of a labor certification (or I-140 if a labor certification was not required) in the EB3 category filed on or after January 1, 2002, will not be permitted to file the I-485 or have a consular interview for an immigrant visa until the numbers move beyond this date. The DOS has indicated that further retrogression may be possible in future months. For a detailed analysis of the implications of retrogression, see our Sep 24, 2004 article, Priority Dates May Retrogress <murthy.com/news/n_pridat.html>, available on MurthyDotCom. The DOS Visa Dates <murthy.com/visadate.html> are also available on MurthyDotCom.

SOURCE:
http://www.murthy.com/nflash/nflash9.html
 
I know mine was Regular in labor but dont know whether EB3 or EB2,how do I find out about it.

Thanks
 
Looking for Green Card?

If any one is looking to file Green Card with a genuine, reliable, very supportive and one of the fastest growing company with many branches then mail me at mohitFL@hotmail.com
 
MohitFL said:
If any one is looking to file Green Card with a genuine, reliable, very supportive and one of the fastest growing company with many branches then mail me at mohitFL@hotmail.com
Click to expand...

If its so genuine then why dont u put ur company name and website on here. so people can go thro it.
 
DOL Transition Watch : BEC Letters & Case Transfers

BEC 45-Day Letters

The U.S. Department of Labor (DOL) announced that the Dallas and Philadelphia Backlog Elimination Centers (BECs), sometimes referred to as the Backlog Reduction Centers or BRCs, would be issuing approximately 10,000 Receipt Notification Letters during the week of December 6, 2004. These letters require sponsoring employers to respond within the stated time. If no response is received, the case will be closed.

These DOL-issued receipt notification letters request certain information from sponsoring employers and have a response deadline of 45 days. If the DOL does not receive a response to a letter within the 45-day deadline, the case will be closed. These letters should normally be sent to the employer's representative. If the employer receives the letter directly but has an attorney, the employer should speak to the attorney regarding the letter immediately.

Case Transfers from SWAs to BECs

Cases from the Atlanta and Chicago National Processing Centers (NPCs) are next on the list to be sent to the BECs. Note that these are the cases that came from the regions already and are not expected to include cases filed after January 1, 2005.

SWA Timeframes for Case Transfers

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.

Separate Processing for Regular and RIRs

The DOL directs the SWAs to put the labor certification (LC) cases into boxes by First-In / First-Out (FIFO) order. The RIR cases are to be boxed separately from the Regular (Non-RIR) cases. The SWAs must report to the DOL by December 13, 2004 regarding the transmission of cases. They must identify an SWA point of contact and provide a complete mailing address. They must give an approximate number of cases that are expected to be included in Shipment 1 as well as in Shipment 2, the approximate date range of cases to be sent, the preferred shipping dates and anticipated time required to complete all shipments. There are also extensive quality control procedures at both ends of the packing and receiving process to avoid the loss of files.

Atlanta National Processing Center

The Atlanta Regional Office is scheduled to move into the Atlanta National Processing Center December 9 and 10, 2004. The Atlanta National Processing Center is scheduled to open a few days later, on December 13, 2004. The Federal Register will carry a Notice with the new Atlanta address for the NPC and contact information within the next few weeks.

Conclusion

Many changes are now taking place with labor certification processing and will continue beyond 2005 with a vision to streamline the LC process and make it more efficient. We at The Law Office of Sheela Murthy hope that the uniformity among the states with the NPCs and the reduction / elimination of backlogs yields results that make the system work efficiently for our clients as well as all those undergoing the process.

SOURCE:
© 2004 The Law Office of Sheela Murthy, P.C. All Rights Reserved
http://www.murthy.com
 
Process which ends no where

I have been reading so many threads finally leading to GC processing, every one is discusing about BECs and Priority dates. I am also on the same boat.

My H1- expirers in march 2005 and Though my wife came on H4 she changed her status to H1 and now due to some miscommunication between us and lawyers, we couldnot file for her labour(not enough notice given by lawyers) in effect to that, though she is potential skilled worker, she has to stay at home after march. just because of small mistake all our plans got scattered. this is just my situation. i guess most of the people are hit by this in one or the other way. How far this is a justice. What are this BECS for screwing up all the cases, people who have filled along with us got there GCs and we are still waiting and hit by the worst process and new rules.

Can any one think or feel how much we(skilled immigrants) are going through. I really wish if there is a way to sue concerened people for this mental agony we face.

Rules change day to day basis. what do they expect a common person like me to do, do i have to read LAW or practice law just to get a GC. No body explains what is going on in the DAM BECS, just speculating things.

I am really sick of this. If any body has any solutions for my problem. please let me know.
 
myGCTracker

myGCTracker said:
I have been reading so many threads finally leading to GC processing, every one is discusing about BECs and Priority dates. I am also on the same boat.

My H1- expirers in march 2005 and Though my wife came on H4 she changed her status to H1 and now due to some miscommunication between us and lawyers, we couldnot file for her labour(not enough notice given by lawyers) in effect to that, though she is potential skilled worker, she has to stay at home after march. just because of small mistake all our plans got scattered. this is just my situation. i guess most of the people are hit by this in one or the other way. How far this is a justice. What are this BECS for screwing up all the cases, people who have filled along with us got there GCs and we are still waiting and hit by the worst process and new rules.

Can any one think or feel how much we(skilled immigrants) are going through. I really wish if there is a way to sue concerened people for this mental agony we face.

Rules change day to day basis. what do they expect a common person like me to do, do i have to read LAW or practice law just to get a GC. No body explains what is going on in the DAM BECS, just speculating things.

I am really sick of this. If any body has any solutions for my problem. please let me know.
Click to expand...


One of my friend is in simimlar situation. My fiend labor is pending for more than 365 days and he got 7th year extension. He didn't file labor for his wife who changed status from H4 to H1. Technically she will not get 7th year extension. But my friend spoke to different attornies and got conclusion that his wife can get 7th year extension based on his 7th year extension ( Iam not sure how far it is true). Based on that he applied for 7th year extension for his wife. He is still waiting for the approval.

Contact different attornies you may get solution to your situation.
 
For Labour certification, in my application it was filled any where in USA for
future work place ( I don't rememeber what was the exact term in the papers which I signed).
I doubt this answer as All other friends of mine filed for a particular state.

IS something wrong? with this answer
Also How I will know if my application for alien emplyment certification was RIR/or non RIR?


Regards
 
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PERM Cleared

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.
 
Hello:

My case is filed with VEC under RIR - dated Sept 2nd 2003. Has anyone with a case in this time frame heard from VEC about their case being moved to Philly.

Thanks
 
OMB Completes Review of PERM
Dec 14, 2004

The Office of Management and Budget (OMB) has finally cleared its review of the PERM regulation. It contains the notation "Consistent with Change." Now that OMB has completed its review, the DOL must decide whether or when to publish PERM in the Federal Register so that it may be implemented effective from a certain date.

The PERM procedures cannot go into effect until the final regulation is published in the Federal Register. The DOL mentioned that they had changed the effective date for PERM from 120 days to only 60 days after its publication in the Federal Register.

Watch MurthyDotCom for more on this important development!

© The Law Office of Sheela Murthy, P.C. (2004)
 
Moved to Philly

Update: Labor (RIR) was applied to the Nine mile office in first week of September 2003. My lawyer informed me today that it has moved to Philly (the exact date I dont know).
 
nilekum said:
Update: Labor (RIR) was applied to the Nine mile office in first week of September 2003. My lawyer informed me today that it has moved to Philly (the exact date I dont know).
Click to expand...

Could you please tell me how much approx time philadelphia will take for your case

And what will be next ? 140
Is there trouble with 140 for EB3 RIR cases? some retrogression.. ? means takes 3 years more...?

I filed my case as RIR EB3 in March 2004 for labor certification.
I could not understand from receipt that if it is EB3/EB2 RIR or Non-RIR it has one case number application was submitted to 9 mile..

Thanks in adavance for any replies
 
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Bidu said:
Could you please tell me how much approx time philadelphia will take for your case

And what will be next ? 140
Is there trouble with 140 for EB3 RIR cases? some retrogression.. ? means takes 3 years more...?

I filed my case as RIR EB3 in March 2004 for labor certification.
I could not understand from receipt that if it is EB3/EB2 RIR or Non-RIR it has one case number application was submitted to 9 mile..

Thanks in adavance for any replies
Click to expand...

Why think so far ahead :). I dont even want to put timelines on when Philly will approve (hopefully sometime before end of next year). Anyways with EB3 retrogession the only sane option is patience.
 
CarolVA said:
From Nine Miles office
RIR: September 26 2003 :)
Non RIR: August 20 2002 :)
Click to expand...

Thanks for the update. Does anyone know why NON-RIR is at the same date for last 4 weeks or so? Have they stopped processing?
 
CarolVA said:
From Nine Miles office
RIR: September 26 2003 :)
Non RIR: August 20 2002 :)
Click to expand...

CarolVA, Thanks for the update. I believe the next 2 fridays will be off for them. We can either check on monday or thursday.

Navin
 
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