Assessment notice on layoff

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bcshak

Registered Users (C)
My labor was applied on 12/12/03.
Received RFE on 09/21/04 from SESA.

I heard from my attorney that they received an RFE. From the conversation it seemed like SESA wants information on layoffs from my company.

Did anyone had been through a similar situation ? Please let me know what my options are. I'm already at the end of my 6th year expiration.
 
layoff related RFEs

i went through similar process (2 related RFEs) back in 2001-2002 due to large and multiple layoffs of my employer. just try to prove that 1. despite of layoff, the company is still hiring in your job function (if that is the case, of course) 2. number of poeple who has been laid off in your job function is limited (again, has to be the case and true)

hope this helps.
 
Thanks for the info Coolmoon.

In the worst case can I request to place the application in non-RIR queue and then get the H1B extensions based on Labor pending for more than 365 days.

Is that an option at all ? Do you see any problem with that in terms of LC getting rejected ?
 
I am not sure about getting into non-RIR part.

I applied for 7th year H1 extension while Labor Cert was pending for more than 365 days back in 2002 and was busy replying layoff RFEs at the same time. In the meantime, in case Labor Cert was rejected, I was preparing to relocate to 3rd country where my employer offered me a great job. it was definitely an uncertain time period. But right before the application for 7th year H1 extension was sent out, my Labor Cert was approved. I applied for 7th year H1 extension after that.

I suggest you contact your lawyer to see what is the best option. If you need a recommendation, my lawyer at that time is very good (I changed a lawyer due to change of employer early this year)
 
Hi Coolmoon -

I just spoke to attorney and learnt that they will be putting together a document to say that there were no layoffs done in my position since my labor has been filed (this is true in all respects). Then the document will be sent to my employer to be signed and will then be submitted to SESA.

I'm not sure if this will suffice the SESA requirement or do you think we need to submitt more paper work to support the contents of the document. Please advice me if i need to intervene and ask the attorney to do more.

Thanks,
bcshak.
 
layoff related RFEs

Everyone's case is different. I let my lawyer and employer handled the RFEs. But had my LC not approved, I may regret that I did not involve. So it is your choice, I really could not make a recommendation.
 
That's fair enough. But as far as your memory goes, What were the specific documentation done in your case. Did the documentation set contained anything other than just the letter from (attorney/Employer) stating no there were no layoffs in this position.

Thanks,
Bcshak.
 
layoff related RFEs

I did not see the letters. What I mentioned a few days was the approach I agreed with my employer/lawyer. Again here they are:

1. despite of layoff, the company is still hiring in your job function (if that is the case, of course) 2. number of poeple who has been laid off in your job function is limited (again, has to be the case and true)

I was out of country for business when they sent responses, so I do not know exactly what documents you have sent. Sorry...
 
Thanks for the info Coolmoon.

Does anyone else have more inputs for me on this one. Please post.

Thanks,
Bcshak.
 
bcshak,

i dont know how much more time u have to respond to ur RFE and/or if u can apply for extension. i had a similar RFE back in 2002. and here is what my lawyer/employer did:

1) ran the same RIR advertisement again in newspaper and documented resumes recd/interviews conducted and if any USC.GC holder was being replaced. fortunately for me no one fit the profile of my job who applied.

2) documented no layoffs in my company in my area since RIR filed initially.

i know every lawyer is different and every case is different but since u asked for more input i threw my case in....good luck!
 
Thanks Praytx. I have time until Nov'01 to respond. And my extension is due Dec'04.

The second point in your post is coverd by my attorney. About the first point i have a question. For how much time was the advertisement ran. And if you remember, was that a requirement in your RFE ? My assessment notice does not talk about running any advertisement.

Thanks,
Bcshak.
 
bcshak,

the ad was run for a month in the same newspapers/journals/etc as the original ad for RIR was ran.

there was no requirement spelt out in theRFE but like i said every attorney and every case is different so its left to his/her interpretation of the law/requirement. thats what my attorney suggested and thats what the employer did. i just had to sit there and bite my nails off :(
 
Coolmoon and Praytx - Thanks for all your inputs. Once after filing the required documentation for RFE, how long does SESA take to process further. Is it more like years or months ?
 
bcshak,

after my RFE was submitted, my labor was approved after 12 months...that was in 2002-3. dont know what the situation is now...kinda stopped following DOL threads after mine was approved :)
 
How about you coolmoon, how long did it take you to get approval notice from SESA after filing RFE documentation.
 
How much time does SESA take to forward the application to DOL after a response has been sent to an RFE / Assessment notice.
 
My Labor has been transfered to DOL on 11/24/04.

Labor filed: 12/11/03.
Assessmen Notice received: 09/28/04.
Response sent to EDD: 10/18/04.
Transffered to DOL: 11/24/04.
Notice of Transfer to DOL received: 12/06/04.

I'm not sure what this means. Where is my application right now: DOL / BEC ????
 
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