Atlanta Regional DOL Tracker - Old (Archived on 09/24/2004)

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rdb

I think you'd better check with your local sesa first. They are still processing april cases. There may be still a lot waiting. If that is case, I don't think changing to NON RIR is a good idea.

But if they say they will clear up those cases soon, you might consider doing that because non rir in ATL DOL is not too bad.
 
atl01 or others, please advise

I tried to get an idea where they are at by calling the automatic system, but the phone just kept ringing.

Any idea? Maybe I have to try it during night?
 
Re: rdb

what is your status now? which local SESA does your case belong to? It is very hard to say which option is the best. It really depends on your local SESA processing time.

If your local SESA non-RIR is quite current, then go for non-RIR, where the industry layoff should not negatively impact your case.
But if the non-RIR takes very long, then go for RIR. Under RIR, both company layoff and industry layoff in the same position that the LC is sought under will be taken into consideration. So it depends on whether there have been layoff in your specific job category.

Can you let us know which local SESA are you from? What is your lawyer's plan? Usually it is best to file with a local SESA with the shortest processing time.
 
At01

Thanks for the reply!!!

I basically belong from NC SESA. My company has filed the application in NC RIR on June 1st 2001. It has been approved by NC and went to Atlanta on July 3rd 2002. The Atlanta has send a letter saying the add for RIR should be in local newspaper. My company has placed an add in local magazine.
My company HQ is in philly and I work in philly. My company has immigration dept in NC office.
My company does not able to show the 6 adds in the newpaper for RIR.

So, now the attorney says transfer the case to NON RIR in NC or start the new case in Philly.

If i continue my case in NC NON RIR , i will preserve my PD.
NC is processing Arpil 2001 cases for NON RIR, and I called them they say it may be atleast 9-12 months to process my application.

I can also start in philly NON RIR , they are processing April cases. and they say they will be done with the april cases in a month or two for NON RIR. I don't know why my guts say philly NON RIR might move faster once april is cleared.

Also, my application was files as programmer Analyst in NC but i am a DBA. does this effect if I continue the case in NC.
If i start a new LC in philly it will be for DBA position.

PS: My H1-B expires in Dec 2003.

Please let me know if you have any advice.
 
at01

Thanks for the reply. In fact i also know that.

But now the question is :

Which will be faster : NC non RIR will reach June 2001 faster or
Philly NONRIR Nov 2002 reach faster. I know its hard to guess .

I am saying philly NOV 2002 is because if I file a new application it will be in NOV.

If you have any thoughts , please share.
 
re: rdb

rdb:
Here is the processing time at local SESA:
RIR non-RIR
Philly: 4/30/2001 4/26/2001
NC: 7/2001 4/2001

The regional DOL processing time:
Philly: 6/02 3/02
Atl: 3/02 3/02

Options:
1. RIR:
from processing time standpoint, it looks like it is best to run RIR additional advertisement for 6 months with NC SESA. 6 months later, your RIR will be processed, since your PD is 6/2001. You are way ahead in the queue.

If you run RIR ad. for 6 months, and file with Philly, you will lose your PD. Philly RIR is behind NC RIR.

2. If your case has to go into non-RIR, I cannot really tell the processing time difference. You mentioned 9-12 months for NC, how about Philly? They are processing 4/26/01 right now.

3. If you want to refile with Philly, file RIR with Philly since RIR is faster than non-RIR in Philly. Your issue is with an improper ad. placement, not due to other reasons relating to layoff. So it seems OK to file RIR.

It seems that your lawyer is quite incompetent for making a mistake with placing ads. You can contact murthy.com and get a consultation on your specific issue.

4. Do you mean your 6-yr max. of H1B will expire Dec. 2003? It should not affect you in a big deal, the Bill has already been signed by House of Representative and Senate. It is waiting for President's signature. It allows folks with lengthy LC processing to extend 7th-yr H1B as long as LC is filed 365-day prior to the 6-yr Maximum.

But you need to find out from your lawyer, if you refile with Philly, do you have to file LC before Dec. 2002 so that you will have 365-day prior to Dec. 2003 in order for you to meet the requirement of 7th year extension. If the clock starts to tick from the LC refile date with Philly, not from your current PD with NC SESA, then you cannot file RIR with Philly then, because you need to run ad. for 6 months. And time will run out.
 
re:

Thanks for the reply, AT01.

If I convert into NC NON RIR now and keep the same PD 6/2001. If the company place the add for the 6 months, can I change it to RIR ?

Any suggestions!!.
 
re: rdb

I don't understand your question. If you place an ad. for 6 months, that will be continuing on the RIR path. In non-RIR, you don't place the ad. now, until local SESA processes your case and directs you to do so. I don't know how many ads. you need to run under non-RIR.

There is also non-RIR conversion. You need to consult your attorney on this. Any people can have a second chance of RIR. When Atl DOL issued you NOF, did they say you can only go into non-RIR? Or the RIR option is still open?

It does not sound wise to go with Philly because they are processing 4/2001 cases now with both RIR and non-RIR. Your new PD will be 11/2002, which is one year away. In non-RIR, by the time SESA processes your cases, you need to run ads. for how long, please find out.

And it is not good to lose your PD which will help you later in the 140/485 stage. Right now the visa is current for all categories, who knows if they will not retrogress in the future? I read from Murthy.com Chat that it might go backward in Sept. 2003.

Based on the current processing time, if you go with Philly, it is at least 12 months away; if you go with non-RIR with NC SESA, it is 9-12 months; if you go with RIR with NC SESA, it will be 6 months.
Validate these points.
 
Re::

Thanks for the reply.

Following is the Atlanta Labor Cert has written in the letter.

Regulation:
Section 656.21(g)(9) requires such advertisement if published in a newspaper of general circulation, be published at least three consecutive days or if published in a professional, trade or ethnic publication published in the next published edition.

For RIR processing, the employer must submit advertisements, which were conducted during six month period to filing the application with the state office.

Finding(s):

The employer several advertisement copies of document proof of advertising. However none of the ads that were for the current position "Lead Computer Programmer/Analysts". Therefore the adds that were submitted are not acceptable, due to the fact that the employer has not documented the proof of advertising the current job oppurtunity, in the area of intended employment.

Corrective Action Required:

To comply with the above regulation the employer MUST submit original tear sheets, full pafe copies showing the Mast head and date of publication, which documents the employer advertised the current position in the area of intended employment, during the six month period prior to filing the application with the state office.

I need to reply to Atlanta before 25th Oct.

My application is not yet rejected, they say intention to deny. It also does not say that it will transfer to NON RIR.

Alright I agree with you , the PD dates are important.
But if I tranfer my application to NONRIR , will it be cleared.
Anybody got rejected in Non RIR???

thanks.
 
Re: rdb

Your problem is for the inadequate ad., not with RIR or non-RIR. From fast processing time standpoint, go with RIR is the best. Non-RIR takes longer.

But if you run ads. now for 6 months, you will have tons of resumes submitted under the current economic situation. RIR undergoes much more stringent review. Non-RIR is less stringent in the sense that industry-wide layoff should not negatively impact your LC. Only company layoff will negatively impact your LC under non-RIR. Good luck.
 
Based on what rdb said, it seems like ATL DOL requires 6-months ad for RIR. Is this common? I know people in IT area didn't post ad for that long. Nor did mine. But it seems rdb is also in IT. It happened to him/her. This really caused my concern.

Guys, have any idea or comments?
 
Re: at01

I know my problem is with insufficient add.

My question is

1. Can I place the add for six months now and be in RIR ?

Since my problem is with insufficient add and my company is not able to produce the add there were published before June 2001, that is why I was thinking to convert my case to NON RIR.

Let me know if I am mising anything.

Is there any way get along with this case and continue in RIR ?

Thanks for the great help!!
 
rdb:

Your appears more like a case where the position Advertised was not the same as one held by you ("intended area of employment")

So I am not sure if they are saying you need to run the ad for 6 months. Most don't. If its in a journal then its probably published twice or so.
 
Need Help

My LC was sent to FL SESA in July and they are currently processing August RIR cases.


Does anyone know how long after it is transferred to ATL DOL it usually takes for the LC information to become available through the Automated Case Status Via Phone?


I have been trying to check the status (Phone # 404-562-2131) for the past one week using my Employer Phone #, but it comes up with a "Phone Number not found" response.

Thanks in advance
 
Can you guys update your case status?


gc412 4/10/02 Waiting
anilgoud 4/11/02 Waiting
loka 5/13/02 Waiting.
nch 6/06/02 Waiting


Thanks a lot.
 
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