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

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State Change. Help!

I have a question about what happens if I change my location. The company I work for has a branch in a different state.
The title of my job, position requirements, job duties, name of the company do NOT change. But the group I work for will change. My salary will increase without a promotion. I am working in Alabama and will need to continue working in North Carolina due to this change. Both these states are under Atlanta DOL. My labor certification is at Received at Regional Office status.
I have very less time to say yes or no to this opportunity.
Do you think this change would harm or give any delay to my LC process? Is it risky to go for it????
-Mito
 
To the best my knowledge, your company should willing to hire you on the state where LC filed, meet the wage promised and have the position upon approval of GC.
 
Hello,

Does anyone know when will ATL state Labor certification files will start moving gain for Non RIR cases?

Thanks,
Shibu
:confused:
 
shibujoys-

Hope the following will be helpful. Start using google. It can get you even your name when you forgot

:)

Question #3: How do I go about converting from regular labor certification to RIR?

Carl Shusterman: First of all, the regulations become effective next week, on September the 4th. Second, they only apply to applications for labor certification which were filed on or before August 3, 2001. Third, they only apply to labor certifications which are pending before a State Employment Security Agency and for which the employer has not been asked by the state to recruit for the job.

The way an employer applies to convert a regular application for labor certification to RIR is to show the state that it has recruited for the job during the last six months and that it has been unable to find US workers who are both qualified and available for the job. To read the complete text of the new regulations see:

http://shusterman.com/lc2-conversion.html
 
asking again

I am already an hired employee. My question is what happens if I start working in a new state for the same company under same job title, job description etc. Here the only change is the relocation to a new state. Both states are under Atlanta DOL. The question is what happens to a pending LC application. Current status is Received at Atlanta DOL.
 
Legally speaking you have to cancel the current LC application and apply from the state which you are going to work. SESA will approve the LC for the job for that particular state only.
 
MITO.....

Consider AMENDMENT to the current application. This way you can keep your priority date.
The question is how to amend and application. When you find out, please come back and share with us..
Chalo...
 
Mito,

Dont do anything. Remember you can always use AC21.

Green card is for future job. Once your 140 gets approved, and your 485 has been pending for more than 180 days, you can change jobs using "same or similar" criteria.
 
Rajeeev , My bros...

Hey Rajeev
Have you tried to fill out I 140 / 485 application? Please do and see if you still feel the same about doing nothing and taking benefit of AC 21.
Please enlihten...
Chalo....
 
rajeevnair32......

rajeevnair32,

when you say do nothing, do you mean to say I should wait till I get my LC in the current state and after 180 days pass I should change the state?? I am considering moving to another state while my current LC application is still in Atlanta DOL, that is before my LC is certified. My starting point is both AL and NC are under Atlanta DOL. what do you think?
thanks for your input. -mito
 
Birds of the same flock

Atlast i find a group which share the same amount of frustation that i am having for the last 28 months or so, oh god i even lost track of how many months(years) it has passed by. My case was moved from GA state to ATL DOL (federal) on Feb 26th 2003. Hope to get it by Apr-May. A collegue of mine had a date of Dec 20th 2002 and still has not heard anything.
 
Re:Birds of the same flock

yes,it is frustrating.
I hope the dates move FAST in ATL DOL.

Do you guys know if anybody from Feb month being certified?
 
February is too far, kewlsans. I haven't heard anyone from January month being certified. There are cases from December 2002, still pending.
 
Prosix, Could you please confirm whether AVM status for your case is updated?

DESIDON777, Any news from you ?.

saras76, Any news from you ?. Your received date is 01/06/2003 and mine is 01/07/2003.

Please update the forum guys.... :(
 
I called up my Lawyer to find out some status, the same old reply, Pls wait for another few more months. Something needs to be done guys... Iam waiting from May 2003 and there are more guys who are waitnig from Jan.... Hope so GOD will open his EYES on us especially I pray GOD to give some sort of POWER/willingness and fast processing to our people at ATL DOL, I think we need to PRAY for JESUS....Lets all do it so.... None of the INDIAN GOD will work !!!!!! as Iam an INdian!!!

Also when u all find some time and has access to Dishnetwork, just watch the "Immigration" channel on TV ASIA every Sunday..I tried watchign it...yesterday bit most of the qns are related to Finger print/485/140 etc.... I don;t know when we all in this foroum will discuss..... Just give it a shot if u have it... U can also pose questions...
 
Hi Mito,

Yes. That is what I exactly mean. Dont do anything. If you cancel your case and reapply, you would lose all your waiting period, (except in a case you had your i-140 approved previously then your labor dates can be retained).

Hi Mickey,

You told that you are going to have a new writeup for the DOL letter. Did you get a chance you edit one?

Hi guys,
We are off by days by now. I want to wrap up the issue. I would urge the people interested in supporting the petitions to have their name(or aliases), with signature scanned and e-mailed to rajeevnair32@yahoo.com.

We had make an issue, and let the president, senators, and representatives know our problems.

Thanks for your support.
 
Thanks buddy (Mickey 32).

Friends, please send me your details ASAP.

I am looking at the senate and representative list, and soon post the list of people we should send the mail to. We can then decide who we want and to be removed from list.

I think we should not include Tom Tancredo because he is immigrant unfriendly. basically no point, atleast save the stamp costs.

Hi Chalo_India,

I have filled i-140 and i-485 and know the paper questionaires myself. What i have told mito is , under the instruction from his lawyer, first get his LC cleared, then have his i-140 cleared and if he has filed i-485 and 180 days have passed, using the AC21, he has can send a mail to Texas, informing them of his change of intent. This may save him atleast 1 yr, else if he reapplies, he lose all his current waiting period and also advertising time.

Look here, the intention is same for both the branches of his company, so nothing is wrong fundamentally. Who know after 1-2 years, if branch who have filed his current labor, wants to work there, what will he do - reapply?

The best case scenario for him is to apply labor from both the branches, atleast if one goes through, it may be helpful.
 
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