Immigration Issues/LC in NJ

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Question
Dear Ajay,
         Heard a lot about you through my friends. Thanks a lot for all your helps.

I live and work in NJ and my company files my GC. I am still in LC phase for last 2.5 years. For almost last 5 months, NJ labour date is stuck at May 2002. Did your firm got any information why it stuck ?. I know condition in NY is more bad.

Do you suggest any alternative or should i wait?.

Thanks a lot.

Regards
Prem


Answer
Hi Prem,

PERM is about to be implemented, and you can then convert from RIR to PERM. The information below is from the American Immigration Lawyers Association:

OMB Completes Final PERM Rule Review

Cite as "Posted on AILA InfoNet at Doc. No. 04121462 (Dec. 14, 2004) ."


The Office of Management and Budget (OMB), which oversees regulatory policies for the Executive Branch, completed its review of the final PERM rule on Friday, December 10, 2004. This rule had been pending at the OMB since February 23, 2004. Upon completion of the final rule, the rule is forwarded for publication in the Federal Register, a process which can be as quick as a day, or can take several weeks. In light of the lengthy period during which the rule was pending at OMB, it is anticipated that publication in the Federal Register will be prompt.

As advised on InfoNet, the effective date of the final PERM rule has not yet been confirmed, though the Department of Labor previously indicated in a memo to the SWAs that the effective date will be 60 days from the date of publication. AILA will post a copy of the final PERM rule on InfoNet as soon as it is released, together with practice advisories prepared by AILA's DOL and PERM Committees.

Additionally, AILA will conduct a nation-wide teleconference immediately upon the new PERM rule becoming available. The teleconference will include national experts who will advise on the changes created by the new PERM program, and its impact on current labor certification practices. Details on how to register and call-in for the teleconference will be posted to InfoNet upon scheduling of the teleconference.

It is not yet possible to confirm what revisions have been made to the regulation since the publication of the original proposed rule.


Prem, you should be able to convert from RIR to PERM very soon (when PERM is actually implemented). But even if you do not convert, RIR should be speeded up in the future due to very recent processing time reduction efforts by the Dept. of Labor. Perhaps another six months for RIR approval through NJ.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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