Legal Question in Immigration Law in Illinois

Estimated Labor Certification Time

Hi,

I am currently working on H1B Visa as I.T. Engineer in chicago. My company has filled my green card application and we submitt RIR labor certification in march 2004 after 3 months advertisment. Now its 8 months(nov-2004) and I have no clue how much time it need to approve the Labor certification as I want to visit my mom/dad.And I need Parole to travel.

I just check the Labor Certification dol website. Its saying that sate labor certification department are processing March-2004. Is that one I am waiting for or after that when it goes to regional labor department and they tke enxt 10 months then I will get after them my labor certification and abel to apply parole.

Any little sugegstion will be appreciatable

Thanks


Asked on 11/30/04, 2:58 pm

2 Answers from Attorneys
Matthew Bernstein Law Office of Chicago Kent College of Law

Re: Estimated Labor Certification Time

Unfortunately, the information on the D.O.L. website cannot be relied on, as they have just implemented a centralized "backlog reduction" program, whereby they will centralize backloged application to several regional "backlog reduction centers" and process them on a first in-first out basis. What this means is that the first cases to be processed will be those that have been languishing in severely backloged states like New York and California, which are both extremely delayed (over one year, even for RIR). On top of that, there is pending legislation that will change the Labor Cert scheme and a recent move for Chicago's local office.

If you have an attorney, I would suggest contacting them directly. If you don't, I will be happy to meet with you to review your case and see whether everything has been properly filed and whether you have any other alternatives.

Best regards,

Matthew I. Bernstein

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Answered on 11/30/04, 4:14 pm
Kevin Plachta The Law Office of Kevin F. Plachta

Re: Estimated Labor Certification Time

As Mr. Matthew Bernstein indicated the times for Labor Cert are all over the place. A client recently retained my services, after firing his previous attorney, and he has been waiting for Labor Cert for almost 4 years.

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Answered on 11/30/04, 7:09 pm


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