Atlanta Regional DOL Tracker - Old (Archived on 09/24/2004)
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vinodatldol
Registered Users (C)
ingcQ, sthirumal and mhsoor
hello ingcQ, sthirumal and mhsoor,
I have seen NII's reply link that you have posted regarding
difference in the salary and prevailing wages. Yes it is true
that for the same position title "programmer analyst", the prevailing
wage varies anywhere from 70k to 106k.
How did your attornies take care of this problem ?
Please post details, looks like this is going to be a serious problem
with may of us.
I hope DOL will be forgiving and take into account market fluctuations/economy and different "leveles" in a particular
position title and not be strict with the wage differences.
regards,
sthirumal,
Your attorney may be able to use the DOL database (please see the following link) and show them that the prvailing wage before and after a particular period could not change 30,000, and there are many people in that list who get paid about 75,000 or so.
http://www.flcdatacenter.com/casesearchresultsPerm.asp
Here is the database excerpt for that period with the relevant job titles....
http://www.immigrationportal.com/sh...7150#post687150
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Last edited by ingcQ : 10th May 2004 at 09:23 PM.
hello ingcQ, sthirumal and mhsoor,
I have seen NII's reply link that you have posted regarding
difference in the salary and prevailing wages. Yes it is true
that for the same position title "programmer analyst", the prevailing
wage varies anywhere from 70k to 106k.
How did your attornies take care of this problem ?
Please post details, looks like this is going to be a serious problem
with may of us.
I hope DOL will be forgiving and take into account market fluctuations/economy and different "leveles" in a particular
position title and not be strict with the wage differences.
regards,
sthirumal,
Your attorney may be able to use the DOL database (please see the following link) and show them that the prvailing wage before and after a particular period could not change 30,000, and there are many people in that list who get paid about 75,000 or so.
http://www.flcdatacenter.com/casesearchresultsPerm.asp
Here is the database excerpt for that period with the relevant job titles....
http://www.immigrationportal.com/sh...7150#post687150
--------------------------------------------------------------------------------
Last edited by ingcQ : 10th May 2004 at 09:23 PM.
Introduction of another LC waiter
Hi All,
My case was filed in Florida in Mar 2003 and transferred to Atlanta Dol in Sept 2003. Like you guys i am desperatly waiting for Labour certifcation.
Any ideas how long its going to take to get mine certified.
Another question i have is :-
Recently there was a pay increase for me, so should this pay increase be informed to the DOL or it doesnt matter.Any ideas...
Hi All,
My case was filed in Florida in Mar 2003 and transferred to Atlanta Dol in Sept 2003. Like you guys i am desperatly waiting for Labour certifcation.
Any ideas how long its going to take to get mine certified.
Another question i have is :-
Recently there was a pay increase for me, so should this pay increase be informed to the DOL or it doesnt matter.Any ideas...
Some_GreenCard
Registered Users (C)
floridalc said:
Looks like ATL DOL is processing cases for the month of Feb/Mar 2003. You can calculate as per present situation. I had pay increase after my labor filing, my attorney did not inform DOL...i dont know if it matters...
Prevailing Wage
I had a chance to speak with one of the DOL analysts and she was very kind to spend the time to talk about the prevailing wage problem yesterday. This was the first time I contacted the DOL, as I did not want to interrupt them with their work thus slowing our approval process. I pointed her to the website http://www.flcdatacenter.com and told her that the database shows incorrect prevailing wage for a particular period of a couple of months (the period before and after have a prevailing wage that is significantly different). She said that it would be interesting to look at the website as she did not know that the website existed. She agreed that the GA State DOL seemed to have sent them incorrect prevailing wage for a number of cases (something like level 2 wages for level 3 or so) and she and another analyst were discussing about this.
She also said she would certainly discuss about this with her CO next week (as he/she is out of station this week). Let us hope that the DOL corrects the prevailing wage error at their office soon, thus reducing the time it takes between NOF/RFEs on this issue.
I request the group members to please aviod calling the DOL staff unless it is absolutely warrented, so they can speed up the process. Let us not be a cause to slowdown the processing of our own cases.
I had a chance to speak with one of the DOL analysts and she was very kind to spend the time to talk about the prevailing wage problem yesterday. This was the first time I contacted the DOL, as I did not want to interrupt them with their work thus slowing our approval process. I pointed her to the website http://www.flcdatacenter.com and told her that the database shows incorrect prevailing wage for a particular period of a couple of months (the period before and after have a prevailing wage that is significantly different). She said that it would be interesting to look at the website as she did not know that the website existed. She agreed that the GA State DOL seemed to have sent them incorrect prevailing wage for a number of cases (something like level 2 wages for level 3 or so) and she and another analyst were discussing about this.
She also said she would certainly discuss about this with her CO next week (as he/she is out of station this week). Let us hope that the DOL corrects the prevailing wage error at their office soon, thus reducing the time it takes between NOF/RFEs on this issue.
I request the group members to please aviod calling the DOL staff unless it is absolutely warrented, so they can speed up the process. Let us not be a cause to slowdown the processing of our own cases.
Last edited by a moderator:
vinodatldol
Registered Users (C)
ingcQ
ingcQ - good information.
Thank you.
regards,
ingcQ - good information.
Thank you.
regards,
Some_GreenCard
Registered Users (C)
ingcQ
ingcQ Mar 10 2003
Did analyst give you any hint on what is happening with your case ??
ingcQ Mar 10 2003
Did analyst give you any hint on what is happening with your case ??
Mixed Answers from ATL DOL
I called DOL and lady mentioned that they are processing Jan/Early Feb cases.
From our forum some other people were told by DOL that they are processing Feb cases....I don't remember who posted it.....
Any of you guys were told that they are done with Jan processing?
I called DOL and lady mentioned that they are processing Jan/Early Feb cases.
From our forum some other people were told by DOL that they are processing Feb cases....I don't remember who posted it.....
Any of you guys were told that they are done with Jan processing?
Chances of certification with Level 1 wage
I just noticed that my lawyer has applied my LC with bachelors of sciences and 3 yrs of experience with Level 1 prevailing wage. So what are the chances of my case getting certified. Any one with similiar qualifcations.
My position is Database Analyst with DOT CODE 039.162-014.
Should RIR be in level 2 wage or doesnt matter if the ad given meets my qualification.
Response needed...
I just noticed that my lawyer has applied my LC with bachelors of sciences and 3 yrs of experience with Level 1 prevailing wage. So what are the chances of my case getting certified. Any one with similiar qualifcations.
My position is Database Analyst with DOT CODE 039.162-014.
Should RIR be in level 2 wage or doesnt matter if the ad given meets my qualification.
Response needed...
Some_GreenCard
Registered Users (C)
floridalc
what is level 1 prevailing wage...how to find that ?
what is level 1 prevailing wage...how to find that ?
floridalc said:
Some_GreenCard
Registered Users (C)
Floridalc
Thanks, I have sent an email to my HR dept ..asking same question as you have mentioned earlier...i'll post if i get any reply..
Thanks, I have sent an email to my HR dept ..asking same question as you have mentioned earlier...i'll post if i get any reply..
floridalc said:
Some_Greencard and Reddy20
I called the DOL just to tell them about the prevailing wage error. I thanked her for her time and I told her that I did not want to take her time up in asking my case status ( diplomatic way of asking my case status?
. She asked my name and she told me that I was lucky that my case had been assigned to an analyst (who happened to be the one with whom she had discussed about this prevailing wage problem) and I should hear something from them soon. BTW, mine went to ATL DOL in March 2003.
She said they are still processing Feb cases. But, as you can see, some people in our forum from March are getting approvals while others from January / February have not heard anything yet. I guess some analysts are processing cases faster than others. Maybe, the ones who haven't heard anything yet may have their cases assigned to these analysts who have more Jan / Feb cases than others. Maybe, not! One can only guess; only ATL DOL knows
I called the DOL just to tell them about the prevailing wage error. I thanked her for her time and I told her that I did not want to take her time up in asking my case status ( diplomatic way of asking my case status?
. She asked my name and she told me that I was lucky that my case had been assigned to an analyst (who happened to be the one with whom she had discussed about this prevailing wage problem) and I should hear something from them soon. BTW, mine went to ATL DOL in March 2003.She said they are still processing Feb cases. But, as you can see, some people in our forum from March are getting approvals while others from January / February have not heard anything yet. I guess some analysts are processing cases faster than others. Maybe, the ones who haven't heard anything yet may have their cases assigned to these analysts who have more Jan / Feb cases than others. Maybe, not! One can only guess; only ATL DOL knows
Last edited by a moderator:
Some_GreenCard
Registered Users (C)
I got reply from my HR dept reg wage lesser than prevailing wage as per http://www.flcdatacenter.com/owl.asp
Reply from my HR:
********************************************************
We do not have to report salary increases to the US Department of Labor
when an RIR application is pending.
Attached is a copy of the prevailing wage determination we received from
the Florida Department of Labor before we filed on your labor
certification application. As you can see, the prevailing wage for the
position Systems Analyst is $19.49/hr or $40,539.20/yr, well below the
$XXXXXX salary that is indicated on your labor certification
application.
********************************************************
Iam sorry i cannot attach the copy i received from my HR, since that has my personal details
Pl. Note, my HR dept is well versed with immigration rules, since my company eventhough american company has done lot of GreenCard.
Hope this helps
Reply from my HR:
********************************************************
We do not have to report salary increases to the US Department of Labor
when an RIR application is pending.
Attached is a copy of the prevailing wage determination we received from
the Florida Department of Labor before we filed on your labor
certification application. As you can see, the prevailing wage for the
position Systems Analyst is $19.49/hr or $40,539.20/yr, well below the
$XXXXXX salary that is indicated on your labor certification
application.
********************************************************
Iam sorry i cannot attach the copy i received from my HR, since that has my personal details
Pl. Note, my HR dept is well versed with immigration rules, since my company eventhough american company has done lot of GreenCard.
Hope this helps
Some_GreenCard said:
Info on RFE
Hi all,
Iam silent watcher of this group , here i found some information that might give a picture about RFE
*********************************************************
RFEs to be Issued When Record on Ability to Pay is Incomplete
The memorandum sets forth the circumstances under which the adjudicating officer should issue an RFE on the employer's ability to pay the proffered wage: (1) where Part 5 of the I-140 is incomplete as to the date the petitioning employer was established, the current number of employees, the petitioner's gross annual income or net annual income; or (2) where the petition does not contain at least one of the three required documents set forth in the regulations to establish ability to pay, i.e., an annual report, tax return, or audited financial statement.
Decisions on the Record
If the record is complete as to ability to pay -- i.e, Part 5 of the I-140 is complete and the petitioner has submitted at least one type of required initial evidence -- the adjudicator is authorized to make a decision based on the record and is not required to issue an RFE for further documentation of ability to pay.
Positive ability to pay determinations should be made when the initial evidence reflects:
- That the petitioner's net income is equal to or greater than the proffered wage;
- That the petitioner's net current assets are equal to or greater than the proffered wage; or
- Credible verifiable evidence that the petitioner is not only employing the beneficiary but also has paid or is currently paying the proffered wage.
Hi all,
Iam silent watcher of this group , here i found some information that might give a picture about RFE
*********************************************************
RFEs to be Issued When Record on Ability to Pay is Incomplete
The memorandum sets forth the circumstances under which the adjudicating officer should issue an RFE on the employer's ability to pay the proffered wage: (1) where Part 5 of the I-140 is incomplete as to the date the petitioning employer was established, the current number of employees, the petitioner's gross annual income or net annual income; or (2) where the petition does not contain at least one of the three required documents set forth in the regulations to establish ability to pay, i.e., an annual report, tax return, or audited financial statement.
Decisions on the Record
If the record is complete as to ability to pay -- i.e, Part 5 of the I-140 is complete and the petitioner has submitted at least one type of required initial evidence -- the adjudicator is authorized to make a decision based on the record and is not required to issue an RFE for further documentation of ability to pay.
Positive ability to pay determinations should be made when the initial evidence reflects:
- That the petitioner's net income is equal to or greater than the proffered wage;
- That the petitioner's net current assets are equal to or greater than the proffered wage; or
- Credible verifiable evidence that the petitioner is not only employing the beneficiary but also has paid or is currently paying the proffered wage.
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