What is my option?

[eppo_varum_enGC]

The recent memo to SWA on backlog elimination is a big set back to my case. MY RIR LC is pending with state since May 2004. Currently they are processiong Feb/Mar 2004 cases. There is very remote chances that my case will be opened and sent to Regional DOL (They are always current) before 12-31-04.

If this memo is not issed to SWA, there is a good chances of my case is get approved by regional DOL in Mar-2005. If my case is not opened & sent to regional DOL by 12-31-04, it will be backlogged in end of the pipeline at one of the BEC . Instead of getting approved within next 3 months, I have to wait for another two years (who knows?), because of FIFO policy. If this policy is adopted by DOL, it reverses the speed of LC processiong of my case. I moved to this state with lot of hopes. Now my 6 year H1B running out and I am worried. My lawyer says we can extend 7th, 8th, 9th year H1B (good advise!).

Is there any option for me now? Can I go and ask SWA about their statergy of RIR cases (they are 5 miles from my work)? Will they engage such bussiness? Is it advisable? Phone line is not working.

If my file goes to BEC, can I file a one more LC (same position in same state) after Jan 1? Experts advise please!

 

[allaboutgc]

I don't think anyone has an asnwer here since those memo has not been implemented yet. I would encourage you to go to State DOL and ask. At least they need to say something when you face them. Actually I am planning to do the same thing. Let us share what we found out.

 

[eppo_varum_enGC]

I don't think anyone has an asnwer here since those memo has not been implemented yet. I would encourage you to go to State DOL and ask. At least they need to say something when you face them. Actually I am planning to do the same thing. Let us share what we found out.

Is it legal to go to SWA by the beneficiary employee and requesting about status? Will they answer or just refuse to talk? Is employer or attorney is the only contact to talk or go to SWA?

 

[usnycus]

See Inline...

Is it legal to go to SWA by the beneficiary employee and requesting about status?
... It's legal.

Will they answer or just refuse to talk?
... Usually they don't talk to beneficiary.

Is employer or attorney is the only contact to talk or go to SWA?
... Normally, yes.

 

[allaboutgc]

Man,

Why not just TRY? Maybe you will meet a nice lady. Who knows? Even if they are not willing to tell? You don't lose anything right?

 

[Some_GreenCard]

Iam in same boat like you'll except my case is in Federal and may or may not be approved before Dec 2004. Iam worried about FIFO policy etc. and also iam in EB3 category.

Next bldg where i work is DOL.... but very scared to approach them thinking about consequence.

 

[eppo_varum_enGC]

Iam in same boat like you'll except my case is in Federal and may or may not be approved before Dec 2004. Iam worried about FIFO policy etc. and also iam in EB3 category.

Next bldg where i work is DOL.... but very scared to approach them thinking about consequence.

WHAT MAY BE THE CONSEQUENCES? WILL THEY REJECT LC? OR WILL THEY SCREAM?

 

[eppo_varum_enGC]

Iam in same boat like you'll except my case is in Federal and may or may not be approved before Dec 2004. Iam worried about FIFO policy etc. and also iam in EB3 category.

Next bldg where i work is DOL.... but very scared to approach them thinking about consequence.

I think you need not worry. That memo is addressed only to SWAs not for the regional DOL. Regional DOL may function as it is for some time. (May be till March 05). Since your LC is in Federal, hope that it will get approved by march 05.

Good luck!

 

[Some_GreenCard]

I once approached DOL when case was with them at the begining, the lady there was very..very..very nice and had informed me some deficieny in my application packet (i think it was regarding resumes for RIR ad). She gave me the query in my hand eventhough she knows that iam beneficiary..i passed on the query to my HR and also to my attorney , only thinking that the query matter will be solved in few days rather than taking weeks... But my company HR emailed to all my managers saying that iam approaching DOL ...and not the right way to do..The consequence i mentioned is here from my company and nothing to do with DOL. Believe me, some of them in DOL is very..very..nice and helpful.

WHAT MAY BE THE CONSEQUENCES? WILL THEY REJECT LC? OR WILL THEY SCREAM?