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Backlog Processing Center Labor processing for those who applied before Mar 28

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  #16 (permalink)  
Old 04-08-2006, 02:47 PM
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coolstonesa will become famous soon enough
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Completed means "Data Entry Completed". They have a long way to go. In year and half since BECs started functioning they have done data entry only for about 33% of cases. How the hell they will do 100% data entry by JUne 2006 which DOL claims they will do. We are gonna rot there for a long time.

Filing for 1-140/485 don't even come to my mind.


Quote:
Originally Posted by Berkeleybee
I haven't verfied this but I took "Completed" to mean that a decision has been rendered.
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  #17 (permalink)  
Old 04-08-2006, 02:50 PM
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02/19/2007
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jkays94 is on a distinguished road
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Quote:
Originally Posted by ChainReaction
There is a new posting on

http://workforcesecurity.doleta.gov/foreign/

which states that the backlog will be cleared by 9/30/2007, I just hope this time they stick to their word
I believe DOL committed to some timelines in a recent lawsuit (9/30/2005) :

http://boards.immigrationportal.com/...chmentid=14063

The Department of Labor currently estimates that RIR applications with a priority date between April 1, 2001 and April 1, 2002 will be processed within 12 months, and those with a priority date between April 1, 2002 and April 1, 2003 will be processed within 18 months.

These projections indicate that all of the pending applications at issue in this litigation, except for one filed in June 2003, will be processed within 18 months or less.

As for the one petitioner for whom a projected date is not available -- International Ceramica -- it can reasonably be inferred that its application, filed only two months after April 1, 2003, will be processed shortly after the 18-month date because applications are processed in the order of their priority date.

The deviations from a pure "first-in, first-out" approach arise from the difficulty of simultaneously entering all of the applications into the backlog system and taking action on the applications, and also the sheer volume of applications. Such deviations do not mean that the agency is not applying a "first-in, first-out" approach, but simply are a subsidiary result of transitioning a large volume of applications to the backlog system.

Petitioners also contend that many of the other applicants are not similarly situated and therefore the queue is not reasonable.

Last edited by jkays94; 04-08-2006 at 03:36 PM.
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  #18 (permalink)  
Old 04-08-2006, 05:11 PM
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Priority Date
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Dec-02
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07/12/2006
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05/03/2007
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mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute
Default where can we get the original data from?

The item at http://www.immigration-law.com/Canada.html
does not give a link to the original source.

If "completed", means that is it is completed as is my understanding rather than data entered then the numbers make sense.

Consider these points:
  • Until data entry is completed resources must be split between data entry and review. Once data entry is completed all resources can focus on review/approval. If 50% of resources were on data entry the result is obvious.
  • If 50% of resources were on data entry, then they could be approving about 100,000 in each 9 months after June 2006 (or about 130000 per year).
  • As they get further into the process estimates will improve. Being 30% into it should be enough for a sensible estimate.

Of course more data is better.

If they do not meet their goal for data entry done by end of June, then maybe the law makers will be more open to giving us some relief on this issue.

So my back-of-envelope calculations say should be done 2 years from now. So DoL's estimate of 18 months sounds credible.

Last edited by mbartosik; 04-08-2006 at 05:16 PM.
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  #19 (permalink)  
Old 04-08-2006, 07:48 PM
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Dec-03
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04/14/2007
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06/26/2007
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arihant will become famous soon enough
Default Only RIR cases by 9/30/2007?

So,

JKAYS94, does this mean that they are required to finish only RIR cases by that timeline (if so, why does their website not clarify this point? can we sue them for false information? )? What about non-RIR cases? I guess we continue to wait in "no-man's-land" with no information about when our cases will be addressed by DOL? A really depressing thought!

Last edited by arihant; 04-08-2006 at 07:52 PM.
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  #20 (permalink)  
Old 04-08-2006, 08:01 PM
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Dec-03
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04/14/2007
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06/26/2007
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arihant will become famous soon enough
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Quote:
Originally Posted by mbartosik
Not so easy. If you are in US for 5 or more years you are probably on 1 year H1B extensions. Filing PERM will cancel labor (if same employer). Then you cannot renew H1B because labor must have been outstanding for more than 1 year. The only way is to concurrent file a PERM with a new employer and switch only after approved. And yes, then you loose the priority date.
True that you will lose your original case, but if EVERYTHING is the same (the key word is EVERYTHING) in your case, then you can transfer to PERM (i.e. withdraw the original case, and refile in PERM) and still keep your original PD. That way you can continue to be eligible for 1 year extensions. However, I have not done this yet as the interpretation of EVERYTHING being same is up to DOL. So, if they determine that something is different and there fore, the case cannot be transferred, then we will lose the original PD (as the original case would have been withdrawn while we try to transfer to PERM), at which point we will be out of luck.

In its FAQ, DOL has promised to get back with more clarification on the transfer policy from BEC to PERM while retaining original PD, after getting input from all stakeholders. However, in classic DOL fashion, they are taking their own sweet time to clarify this policy further. Until such time, we continue to languish in BEC.

Last edited by arihant; 04-08-2006 at 08:04 PM.
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  #21 (permalink)  
Old 04-08-2006, 09:37 PM
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05/03/2007
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mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute
Default refiling / transfer to PERM

Yep, you are absolutely right.
But part of the original post was about refiling from EB3 to EB2 having gained 5 years undisputed experience (and in the US).

So that would prohibit everything from being the same, and by a long way.

That's why I'm hoping that we can be allowed to refile and keep priority date. I started a new thread on that, maybe we can get legislation on that:
http://immigrationvoice.org/forum/showthread.php?t=544 (Let's ask for ability to keep priority dates)

In the technology business (where I am) the idea of every being the same 4 or 5 years later is crazy anyway. My attorny advised not to refile PERM.

Given BEC time scales leading edge technology could become obsolete in that time! That raises another point about the delays in the system if an application originally required skills in something that is now obsolete and those skills are no applicable could the DoL reject it - I think that they wouldn't have the skills themselves to know.




Quote:
Originally Posted by arihant
True that you will lose your original case, but if EVERYTHING is the same (the key word is EVERYTHING) in your case, then you can transfer to PERM (i.e. withdraw the original case, and refile in PERM) and still keep your original PD. That way you can continue to be eligible for 1 year extensions. However, I have not done this yet as the interpretation of EVERYTHING being same is up to DOL. So, if they determine that something is different and there fore, the case cannot be transferred, then we will lose the original PD (as the original case would have been withdrawn while we try to transfer to PERM), at which point we will be out of luck.

In its FAQ, DOL has promised to get back with more clarification on the transfer policy from BEC to PERM while retaining original PD, after getting input from all stakeholders. However, in classic DOL fashion, they are taking their own sweet time to clarify this policy further. Until such time, we continue to languish in BEC.
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