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  • RIR - new york

    one of my friends got a reply from labor department UNDER 245(1) - RIR FOR labor certification. they send back the application for corrections AND AMMENDMENTS. WILL IT TAKE ANOTHER 2 MORE YEARS TO GET AN ANSWER. HE WAITED SINCE APRIL 2001. PLS HELP. THANKS

  • #2
    one of my friends got a reply from labor department UNDER 245(1) - RIR FOR labor certification. they send back the application for corrections AND AMMENDMENTS. WILL IT TAKE ANOTHER 2 MORE YEARS TO GET AN ANSWER. HE WAITED SINCE APRIL 2001. PLS HELP. THANKS

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    • #3
      He will not necessarily have to wait two more years, but he needs to make sure that he promptly complies with whatever requests the DOL has made for corrections and amendments to the application. If he cannot completely respond to their requests (which often involve doing additional advertising) within the time they provide, he should send them a written request for an extension of time, which they usually will grant. He may also want to call the DOL officer overseeing his case, both for guidance about how to comply with the requests and also what he should put in his written request for an extension of time if he needs one.

      As long as he responds in a timely fashion, the DOL should allow him to keep the same Priority Date and will continue to process his application. This is particularly important if your friend needs to take advantage of 245(i) to adjust his status (he would qualify for it assuming his Priority Date falls before the end of April 2001).

      Labor certification cases are a lot more complicated than family-based immigration cases; unless your friend is very confidant that he can make all of the changes and take the actions the DOL is requesting, so that they will eventually approve his application, he should probably bite the bullet and go see an immigration attorney for some help. It will probably be expensive, but might be the difference between his case working or not.

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      • #4
        Thank you for your reply. My friend is hired by a newspaper office located in NY and was advertised everything before he sent his application prior to april 2001 dead line. but some reasons, there were some mistakes in the application. They told the lawyer to make the necessary corrections and amendments. It is completed and sent to the labor office again with corrections. We cross our fingers at lease to get an yes from them, because he is with his family and they need their adjustment of status to survive in this country. Anybody read this, please remember them in your prayers. thank you so much.

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        • #5
          Curious, just as a follow-on, my usual experience in the past has been that, once the response has been sent in, the DOL will make a final decision within a few months. The bad news is that the labor certification is just the first step. After it gets approved, the employer will have to submit an I-140 petition to the BCIS for your friend, and lately it has been taking the BCIS an inordinate amount of time to process these because of backlogs. It will probably be awhile before his status finally gets adjusted (1 - 2 years). The good news is that he should be able to get formal work authorization once his employer submits an I-140 petition (and application for adjustment) to the BCIS (though he will want to stay with his current employer at least until his AOS gets completely adjusted). I wish your friend the best of luck.

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          • #6
            Thank you very much for your reply. Bye now.
            With best regards
            Curious

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