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  • 245i progress

    I have a dear friend who applied for 245I through Employment base petition. Around September 2001 his lawyer applied for Recrutment and Reduction. DOL reviewed the case
    and past it to Reginal DOL. His priority date was November 2002. Any idea how long this will take for him to get a working permit so he can start working. I wonder how other people can survive while waiting for their working permit.
    Anybody out their how has experience or their 245I thorough labor certication got approved.
    Please share your experience. Thanks.

  • #2
    I have a dear friend who applied for 245I through Employment base petition. Around September 2001 his lawyer applied for Recrutment and Reduction. DOL reviewed the case
    and past it to Reginal DOL. His priority date was November 2002. Any idea how long this will take for him to get a working permit so he can start working. I wonder how other people can survive while waiting for their working permit.
    Anybody out their how has experience or their 245I thorough labor certication got approved.
    Please share your experience. Thanks.

    Comment


    • #3
      245i will be opposed by law-abiding citizens nation wide, who oppose rewarding people for breaking the law

      Comment


      • #4
        deport illegal aliens

        Comment


        • #5
          Your friend needs to file I-140 & I-485. I-140 needs to be approved, & 3 mos after i-485 is filed, with notice of action then you can apply for work permit. Got approval for Labor Cert via RIR in 1 year.

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          • #6
            How long it takes varies by state. California and Texas have very long waits, so an RIR application in either state could take up to two years.

            Did your friend file two applications, one under the regular process, and one under RIR? I didn't quite understand the dates you referenced in your original posting. If he filed the RIR application in September 2001, that application will not qualify for 245(i).

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            • #7
              What about if my labor certification was denied
              can i re-apply again? how long i'm gonna wait again?

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              • #8
                Thanks for your reply Marie - I've asked my
                friend he's lawyer filed 750 form for R&R
                dated April 24,2001. What happened was first they filed for 245I and was finally changed to
                750 form is this correct. They check wiht the
                RegionalDepartment of labor and his priority date is October 2001. Just asking if what his
                lawyer is doing is correct. The lawyer said it would really take many many months. What is the
                next step after this?Is it the 450 or the 485
                that needs to be approved. If you do not mind please let us know what is the step by step form that they need to file. Thans a lot and may God bless you.

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                • #9
                  If the priority date is November 2001, then the alien labor certification was not timely file for 245(i) deadline of April 30, 2001. Check the certified letter from the DOL Regional Office.

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                  • #10
                    Yes, DOL is taking many months to process both RIR and non-RIR labor certifications.

                    I think that your friend is confusing the priority date (4/24/01, date the application was filed with the State) with the Regional DOL processing date. Each DOL office reports case processing dates by the date the file was received in the DOL's office from the State. A case may have a priority date of April 2001, but a DOL receipt date for processing of April 2002. How long the case takes will vary by regional DOL office. California, Texas and New York are currently the slowest states.

                    Assuming the labor certification is approved, the next step is the I-140, and if the employer agrees to it, the I-485, which can be filed at the same time.

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                    • #11
                      Priority date is the date the application was received in - whether at DOL, as in this case, or at BCIS.
                      Have your friend look up the processing time for his region to see where his case is http://www.doleta.gov/regions/
                      If he timely filed the LC under 245 (i), once LC is certified, then concurrent filing will allow the employer to file the I-140 immigrant petition and your friend the adjustment application including employment authorization document.

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                      • #12
                        Thanks everyone for your reply.
                        What happen to my friend's case was first his lawyer filed a non RIR labor certification dated 4/27/01 but then the lawyer mentioned that processing for RIR is much faster so around Sept '01 they filed for RIR and now his case is with the Regional DOL. By the way the non RIR are was cancelled as they said you are not able to file both at the same time. So they prefer to do it RIR. I really appreciate the answers/ replies we got now we got a better understanding of his case. Right not DOL is processing July'01 and his priority date is Oct'01. Hopefully in 6 months time we get the results. Thanks again.

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                        • #13
                          Well, if his new priority date is Oct 1, then he's not alibible to file I-140 and I-485 unless 245(i) is re-instated even if his

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                          • #14
                            LC is aproved.

                            He's gotta wait for the Congress to restore 245(i).

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