Another Remanded Case-RIR SFO

R

RAJ!234

Registered Users (C)
HI

I am telling about my story.Filed labor on oct 20 2001.Moved to DOL on sep 2002.Remanded back to SWA on July 10th 2003.I didnt find any notification from lawyer.I checked the 415....number and found that my case is remanded to SWA.
My question is
1.Remanded cases will goto RIR queue or NOn RIR queue??
2.What priority date mine 2001 or 2002??

Really confusing.Please somebody help

Thanks
Raj
 
Raj,
Don't lose hope yet. Read my posting "Labor Approved from SFO in RIR, at last ! ". Coincidently, I had the same issues with very similar dates as yours. Just hope that the DOL takes a second look at your application too.

FYI, when remanded, all cases are processed in NON-RIR category. The priority date is for regular processing at EDD with the date that was established in 2001, which could mean, you wait for at least another 4-5 months before EDD (State agency) will even looks at your file.

Alternately consider filing from another state parallely. Hope this helps..once again don't lose hope...

RF
 
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Hi Rambo,

:( It is really hard for me.But there is no RFE or NOF in my case.I think that non-RIR cases are in the same month apr 2001 for a very long time.My PD is oct 2001.I think that it will take another 2 years to look it out.I am having my H1 valid upto next year apr 2004.What happnend to the remanded cases if there is NOF or No RFE.

Thanks
Raj
 
Raj,
As mentioned, me case was same as yours. It was also initially auto-remanded without any queries. But then my attorney told me that DOL was reconisdering such cases. And fortunately mine came thru in the second review. Please read my thread again. You'll understand.

Since you have H1 until 04 April, this is my guess as to what could happen. Lets say EDD looks at your file in Dec 03. They may approve it & forward it to regional processing in Jan 03. The regional processing center will take at least one more year to look at your file. So this means, you will be eligible for 7th year H1b extn since your labor application was filed in oct 2001 & its more than 365 days since you applied.

Again..all I mentioned will be a moot point if the fortune ferry shines on you & the DOL relooks your case & approves it.I did read an article on murthy.com a few weeks ago that the head of DOL has planned to address the "autoremand" issue at SFO office. Go to murthy.com's bulletin archives for last 3 weeks to find this info.

Good luck
RF
 
Hi RAJ,

You are already eligible for the 7th year extension. The rule says that you should have petitioned for LC 365 days before 6 year limit expires, being remanded means you are still in the LC process.

001
Originally posted by RAJ!234
Hi Rambo,

Thanks for the kind words.Hope for the better luck.

Thanks
Raj
Click to expand...
 
Hi LCA

Yes thanks i can apply for extension.I am worried how long this process will go.Another 5 years for clearing Labor itself.Its too much.Most other states who are all working in consulting they are in final stage.But people in CA who are permanent employees having too much pbm.

Thanks
Raj
 
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