San Francisco Regional DOL Tracker - Old (Archived on 09/23/2004)

Status
Not open for further replies.
Hi,

My case was auto-remanded on July 15, 2003, job experience requirement is MS+0 year, so far my case has not been transferred back to DOL yet when I check AVM, it is still saying "remanded .....", is anybody in the same boat? My lawyer always say keep patient. What should I do?

Thanks!
 
Re: FYI

Originally posted by runaway73
03/12/2004: DOL Gaithersburg Centralized Processing Center Processing Record

As we reported last year, the DOL launched a pilot labor certification backlog reduction program at Gaithersburg, Maryland. Almost 3,000 cases were transferred to that center from the state offices and certifying officers offices mainly in the East Coast backlog states. According to the DOL authorities who attended the AILA conference this month, the Center received 3,083 cases, out of which it completed on 2,278 cases when it closed at the end of 2003. According to the officers, out of the approximately 800 left-out case, about 84 or 100 cases have been decided and people will receive receive the decision soon. Other 238 are waiting for the results of recuitment since these cases involved the retest of the market. Other cases are currently handled by the DOL National Office.
This Centralized Processing Center will apparently be used a model when the projected two backlog reductions go into operation. The cases in these centers are expected to be handled by contractors. Please stay tuned to this web site for the development of this news.
Click to expand...

Do they have any plan to start a center in CA ... where most of the backlogs exist?
 
Re: Re: FYI

Though the plans are sketchy, I believe these centers will be working on cases from all regions.

001
Originally posted by pagla
Do they have any plan to start a center in CA ... where most of the backlogs exist?
Click to expand...
 
DOL

I think for the most part that DOL in SF is processing faster at this time of the year is because the fact that H-1B and H2 applications are no longer accepted by DOL since both reached the caps. This probably released some of the load and additional resources were allocated to the Permenet Labor Certification unit

Just my thoughts
 
Re: DOL

I am not sure of H1 process, but I thought USCIS processes the H1 applications, not DOL. So H1 cap probably should not affect DOL.

001
Originally posted by runaway73
I think for the most part that DOL in SF is processing faster at this time of the year is because the fact that H-1B and H2 applications are no longer accepted by DOL since both reached the caps. This probably released some of the load and additional resources were allocated to the Permenet Labor Certification unit

Just my thoughts
Click to expand...
 
dear all

thanks for your sharing of information.


our case was submitted to DOL on 11/22/02.

We contacted our lawyer on Monday and were told that our case was remanded ( as expected) due to the reason that the job description was too general and my husband overqualifies for it. ( does it wound strange ?)

HR will run ads in Newspapers and make the job description more precise.

could someone please tell me how long it is roughly going to take? the whole job market testing...

After the job market testing, are we back to the beginning of LC process? or job market testing is just an interruption at the end of this marathon?

thanks, any input is well appreciated
:confused:
 
Re: Re: DOL

Thats correct, H1 quota is reached for USCIS. DOL continues to accept applications for New & Renewal LCA.


Originally posted by lca_001
I am not sure of H1 process, but I thought USCIS processes the H1 applications, not DOL. So H1 cap probably should not affect DOL.

001
Click to expand...
 
I believe the employer would need to wait 2 weeks for the resumes. Then send the re-test result to DOL. Normally it takes 1 months or so for DOL to make a decision. Could be much longer.

So your case was remanded to state SESA without the 3-option letter? Then why your HR is doing the re-test? Or DOL asked your employer to re-test? That means your case was not remanded though.

Keep us posted on the final result. Thanks!



Originally posted by organic
dear all

thanks for your sharing of information.


our case was submitted to DOL on 11/22/02.

We contacted our lawyer on Monday and were told that our case was remanded ( as expected) due to the reason that the job description was too general and my husband overqualifies for it. ( does it wound strange ?)

HR will run ads in Newspapers and make the job description more precise.

could someone please tell me how long it is roughly going to take? the whole job market testing...

After the job market testing, are we back to the beginning of LC process? or job market testing is just an interruption at the end of this marathon?

thanks, any input is well appreciated
:confused:
Click to expand...
 
Last edited by a moderator:
Originally posted by wsxwsx
Hi,

My case was auto-remanded on July 15, 2003, job experience requirement is MS+0 year, so far my case has not been transferred back to DOL yet when I check AVM, it is still saying "remanded .....", is anybody in the same boat? My lawyer always say keep patient. What should I do?

Thanks!
Click to expand...

I have a similar situation as yours

Priority date at DOL : October 2002
Auto Remanded to SWA: July 19, 2003
Application: BS +1 year

The latest check on AVM shows my case still remanded. Only the remand date is now October 20, 2003 and the recording time seems to be October 7, 2003. I never heard the message "Case moved back to DOL after remand". As per carlson memo my case is eligible to return to DOL after remand.

Dont know what to do. Anyone else with similar situation?
 
Clarification of priv wages entries

http://www.flcdatacenter.com/

when browse through column of the above results i see some entries under priv_wages entered against only a few cases

My question is

How to intrept this

salary Priv_wages
1. 80000 78034
2. 83803 88212.8

Does this mean case 1 has been paid above priv_wages?
and reverse for case 2

What are effects during ceritification

I know Gurus (lc, and senior members) will through some light
 
Re: Clarification of priv wages entries

Is it Pee Are Ea Vee or Pee Are Eye Vee (Prev vs. Priv)
If it was Prev, I would think it would stand for Prevailing Wage.

Originally posted by mnhrdc
http://www.flcdatacenter.com/

when browse through column of the above results i see some entries under priv_wages entered against only a few cases

My question is

How to intrept this

salary Priv_wages
1. 80000 78034
2. 83803 88212.8

Does this mean case 1 has been paid above priv_wages?
and reverse for case 2

What are effects during ceritification

I know Gurus (lc, and senior members) will through some light
Click to expand...
 
Re: Clarification of priv wages entries

Yes, you deduction about salary and prevailing wages are bang on target. Unlike LC for H1 where the salary should be equal or greater then the prevailing wage, LC for GC can be approved when paying around 90-100% (or more) of the prevailing wages. If the salary is too low for CO's comfort (they have been around for a long time, so they probably know when the company is mistreating the employees), RFEs can be issued - which usually can be resolved by the company agreeing to pay more (salary that is, not bribe :D).

001
Originally posted by mnhrdc
http://www.flcdatacenter.com/

when browse through column of the above results i see some entries under priv_wages entered against only a few cases

My question is

How to intrept this

salary Priv_wages
1. 80000 78034
2. 83803 88212.8

Does this mean case 1 has been paid above priv_wages?
and reverse for case 2

What are effects during ceritification

I know Gurus (lc, and senior members) will through some light
Click to expand...
 
Re: Re: Clarification of priv wages entries

Originally posted by lca_001
Yes, you deduction about salary and prevailing wages are bang on target. Unlike LC for H1 where the salary should be equal or greater then the prevailing wage, LC for GC can be approved when paying around 90-100% (or more) of the prevailing wages. If the salary is too low for CO's comfort (they have been around for a long time, so they probably know when the company is mistreating the employees), RFEs can be issued - which usually can be resolved by the company agreeing to pay more (salary that is, not bribe :D).

001
Click to expand...

Thanks

One more , does no entry against the row means they are in line according to privailing wages? or later they will verify during certification.

mnhrdc
DOL :5/9/2003
DOT:999.151.032
EB2
 
Re: Re: Re: Clarification of priv wages entries

No entries usually means that the employer is sticking with the DOL guidelines on wages. Some employer, based on certain job categories (which may not correctly match DOL categories) choose to provide wage surveys from other sources, though DOL will decide if they approve of the wage survey.

001

Originally posted by mnhrdc
Thanks

One more , does no entry against the row means they are in line according to privailing wages? or later they will verify during certification.

mnhrdc
DOL :5/9/2003
DOT:999.151.032
EB2
Click to expand...
 
dot code referencing

Can somebody reference how one can get details of a
DOT code

Ex: 999.151.031
999.151.051

Does this job code plays any significance while deciding
the job requirement put down ex: BS+0 , BS+1 , MS+0
 
Employer Remanded Cases

Any updates for employer remanded cases? Last I heard from my lawyer, the DOL was not accepting cases that were employer remanded. Anyone has heard the same from their respective lawyers?

Since DOL has reached December 2002 for RIR processing, obviously the cases that were employer remanded between March 2002 to September 2002 are being ignored. I wonder what needs to be done - after the initial faxing of the letter that babloo had typed up. Any ideas?
 
Thanks Maggie-LC for your info
I will definitely keep you updated

I believe the lawyers received 3 options (1) run job-testing market (2) reapplying ( not sure exactly what it means ) (3) withdraw from the process. are these what you mentioned as 3-option letter?

What happens if after the job-testing, no replacement can be found, nevertheless, DOL still refuses our case? is it possible ?

frankly, I don't really know all the details of what is going on, where our file is or what the lawyers are planning on doing. This so-called Top- notch bay area law firm has been extremely disappointing so far. I have been reminding them of their mistakes and delays at least 3 times. Their wording is ambiguous, HR person is even worse! She didn't even get a clue of what was going on! forgot our premium visa processing,and told a totally wrong story of what happened to other people...

I don't mean to belittle these people. My husband's company is really good. But I just don't understand why these people we encounter are so unprofessional.

The reason I ask about how long it takes for this whole process is because even the HR has no idea how long it will take. She doesn't know if she has to put the add for 1 day or 2 weeks in the newspaper.
the Lawyer doesn't say anything about where our file will be after this job-testing, back to the beginning or continue from where it was stopped????


Originally posted by maggie_LC
I believe the employer would need to wait 2 weeks for the resumes. Then send the re-test result to DOL. Normally it takes 1 months or so for DOL to make a decision. Could be much longer.

So your case was remanded to state SESA without the 3-option letter? Then why your HR is doing the re-test? Or DOL asked your employer to re-test? That means your case was not remanded though.

Keep us posted on the final result. Thanks!
Click to expand...
 
Last edited by a moderator:
Re: Employer Remanded Cases

CRAZY_APPLE,

Even i heard from my lawyer that these cases are not being considered. No clue what would happen. I am just suprised at the rationale of their decision...they are not willing to reconsider the cases that meet carlson memo requirements and at the same time they are approving cases which are applied in August/september time frame. It is just our bad luck i guess that we happen to apply our LC before and we happen to get a NOF. Anyways, just expressing my frustation..no offence meant to anyone.

thanks


Originally posted by crazy_apple
Any updates for employer remanded cases? Last I heard from my lawyer, the DOL was not accepting cases that were employer remanded. Anyone has heard the same from their respective lawyers?

Since DOL has reached December 2002 for RIR processing, obviously the cases that were employer remanded between March 2002 to September 2002 are being ignored. I wonder what needs to be done - after the initial faxing of the letter that babloo had typed up. Any ideas?
Click to expand...
 
Status
Not open for further replies.
Top