Atlanta Regional DOL Tracker

[gceeker05]

Congratulations atldolwait..

Status List updated.

ok..it is official..

ATL DOL recvd date : April 08,2003.
Certified on : Oct 27,2004.

can someone please update statuslist.txt.

Thanks one and all for all the support.

Also , i noticed immigration.com dates moving to may '03 for ATL DOL some time back . But mine cleared only last week . So , i think those dates are little misleading.

Anyway , i wish everyone best of Luck.

 

[Labor_Sucks]

hey SAURABH

In the NOF DOL has not mentioned how it arrived at the prevailing wage.
According to DOL my offer wage is less then prevaling wage. In the rebuttal my attorney asked DOL how they arrived at the prevailing wage they mentioned in NOF. He sent a 3 page document on how the wage offer is more than prevaling wage.

I hope it helps....................

Hi Labor_Sucks, you might be of help to me, In the Labour Status list you said you got an NOF for wages, My question is - Is your Wages less than the prevailing wage for your DOT code or is it greater than Prevailing Wage, If your salary was lower than the prewailing wage and your NOF was regarding that only, can you please let me know how it was resolved because My salary mentioned in the application is lower than the prevailing wage. Although my lawyer got a survey done and had attached that survey showing lower salary being paid by other companies too.
Please advise.
Anyone else who knows about this please advise too.....

Thanks a ton
Saurabh

 

[saurabh_tulika]

But the Prevailing Wage is mentioned in the database that I downloaded from the flcdatacenter web site (Perm.Zip), in that it says for my DOT Code which is 030.062-010 the prevailing wage is 75K where as my offer salary is 60K. Was your situation someting similar to this? if yes can you tell what your attorney mentioned in the 3 page document.

I am sending you a private message with my phone number, will it be ok for you to call me (if you are confortable), this will give me some mental relief.

Thanks
Saurabh

In the NOF DOL has not mentioned how it arrived at the prevailing wage.
According to DOL my offer wage is less then prevaling wage. In the rebuttal my attorney asked DOL how they arrived at the prevailing wage they mentioned in NOF. He sent a 3 page document on how the wage offer is more than prevaling wage.

I hope it helps....................

 

[Labor_Sucks]

Hey Saurabh

The prevailing wage depends on the JOB description also & prevailing wage should be present prevailing wage NOT the wage when u filed the case.

For Example job title Programmer/Analyst can have different levels:

Programmer/Analyst -I
Programmer/Analyst -II
Programmer/Analyst -III

Depending on the job description in your LC match the designation & then the prevailing wage.

But the Prevailing Wage is mentioned in the database that I downloaded from the flcdatacenter web site (Perm.Zip), in that it says for my DOT Code which is 030.062-010 the prevailing wage is 75K where as my offer salary is 60K. Was your situation someting similar to this? if yes can you tell what your attorney mentioned in the 3 page document.

I am sending you a private message with my phone number, will it be ok for you to call me (if you are confortable), this will give me some mental relief.

Thanks
Saurabh

 

[saurabh_tulika]

Thanks Labor_sucks

 

[compiler]

Re

The prevailing wage depends on the JOB description also & prevailing wage should be present prevailing wage NOT the wage when u filed the case.

For Example job title Programmer/Analyst can have different levels:

Programmer/Analyst -I
Programmer/Analyst -II
Programmer/Analyst -III

Depending on the job description in your LC match the designation & then the prevailing wage.

However, there are only two PW levels in the DOL wage library such as Level 1 $37981, Level 2 $71011 for the Computer Programmer in the Atlanta area. If your position is not an entry level and your offer listed in the ETA 750 is not less than 95% of $71011, you will be safe. So, the PW is according to the job title and the job title is according to the job descriptions.

 

[bucgator]

1. number on Form 750 should be above 95% of current PW, not the time you filed the form

2. if the number is less than 95%, DOL will send your employer a letter, asking about increase. If company agrees an dchanges, all will be fine.

However, there are only two PW levels in the DOL wage library such as Level 1 $37981, Level 2 $71011 for the Computer Programmer in the Atlanta area. If your position is not an entry level and your offer listed in the ETA 750 is not less than 95% of $71011, you will be safe. So, the PW is according to the job title and the job title is according to the job descriptions.

 

[tracker_chicago]

http://www.murthy.com/news/n_rempri.html

http://www.murthy.com/news/n_rempri.html

 

[compiler]

1. number on Form 750 should be above 95% of current PW, not the time you filed the form

2. if the number is less than 95%, DOL will send your employer a letter, asking about increase. If company agrees an dchanges, all will be fine.

Interesting. Where did you hear ** number on Form 750 should be above 95% of CURRENT PW, not the time you filed the form **? If so and I want to put the RIR ad right now, what salary number should I list in the ETA 750? It is expected that the PW number next year will increase. Should I list an unknown PW number in the ETA 750? Can you tell me how?

 

[bucgator]

I do not know why, but DOL does!

when people file 750, just put current PW.

but after several years, DOL will ask for the change when they review the case.

Interesting. Where did you hear ** number on Form 750 should be above 95% of CURRENT PW, not the time you filed the form **? If so and I want to put the RIR ad right now, what salary number should I list in the ETA 750? It is expected that the PW number next year will increase. Should I list an unknown PW number in the ETA 750? Can you tell me how?

 

[compiler]

I do not know why, but DOL does!

when people file 750, just put current PW.

but after several years, DOL will ask for the change when they review the case.

The DOL can do any ridiculous things. So, your lawyer can challenge the NOF. Let me take an example. Some employer order the PW from the SWA and the SWA will determine the PW according to the current year DOL PW library. Then, the employer completes the recruitment effort with that determined PW. In several years the DOL PW number has changed. Should the employer change the wage offer in the ETA 750 accordingly? If so, should the employer have to do the recruitment again? However, if your offer in the ETA 750 meets the PW at the time of filing your LC, there should have no much difference in several years and your employer should have ability to increase several thousands dollars rather than choosing challenge if the DOL does request to increase the PW.

 

[bucgator]

what you said here is right, BUT, DOL do not do as we think.

someone just posted here, his NOF is about PW, and need PW matching current year.

The DOL can do any ridiculous things. So, your lawyer can challenge the NOF. Let me take an example. Some employer order the PW from the SWA and the SWA will determine the PW according to the current year DOL PW library. Then, the employer completes the recruitment effort with that determined PW. In several years the DOL PW number has changed. Should the employer change the wage offer in the ETA 750 accordingly? If so, should the employer have to do the recruitment again? However, if your offer in the ETA 750 meets the PW at the time of filing your LC, there should have no much difference in several years and your employer should have ability to increase several thousands dollars rather than choosing challenge if the DOL does request to increase the PW.

 

[simple_sapien]

Hi All -
Thanks to all ppl who post and share information here.
My LC was submitted to NC SESA in July 2004, my attorney said that it moved from NC to regional (Atlanta) in July (Wow!!). I did not get a case number, when is this assigned? Also, I have seen cases where LC was "certified" in 2-3 months, are these special cases?
All the very best to all you guys.

Thanks

 

[saurabh_tulika]

Does Any one know or has anyone seen this anywhere about the Priority Date Retrogressing back, what is the expected date the Priority dates will retrogress to in January 2005, will it ne 2002 or even before that.

 

[saurabh_tulika]

Any new updates for this Monday Morning. Did anyone hear the magical words or did anyone got certified or did anyone get any satus change

 

[Sanan]

No extension after retrogression?

This S*** is scary and confusing! What happens to people on H1 expiring in 1+ year still waiting for Labor? No extension after retrogression

More details on the topic here
http://boards.immigrationportal.com/showthread.php?t=147676&page=1&pp=15

Does Any one know or has anyone seen this anywhere about the Priority Date Retrogressing back, what is the expected date the Priority dates will retrogress to in January 2005, will it ne 2002 or even before that.

 

[mans22]

hi guys
our case has been trfd to atl dol may 2004 and to date havent recd a case no or any confirmation .
was going thur the posts and read abt the retrogession dates and someone posted there would be no extension after retrogession could someone plz explain whats that all abt ?
our 6 yrs h1b is expiirng in feb 2006 and we have yet to apply for extension from feb 2005 to feb 2006 (6th yr ).
hope someone could throw some light on the extension and retrogession date issues.

 

[saurabh_tulika]

mans22, retrogession would not effect the extension of H1-B visa, it is exactly clear from the H-1B 7th year exytension that if it has been 365 days since the date you had your Labour Certificate applied for you are allowed to get the extension. Although as per your statement you still have to get the 6th year extension.

Retrogesssion of the peiority dates effect the 485 filling not the labour or H1b, so you should be good to go, but still if I were you I would check with my lawyer about it.

hi guys
our case has been trfd to atl dol may 2004 and to date havent recd a case no or any confirmation .
was going thur the posts and read abt the retrogession dates and someone posted there would be no extension after retrogession could someone plz explain whats that all abt ?
our 6 yrs h1b is expiirng in feb 2006 and we have yet to apply for extension from feb 2005 to feb 2006 (6th yr ).
hope someone could throw some light on the extension and retrogession date issues.

 

[eefrog]

As far as I know you can keep on filing for one year extensions on your H if you have/had an application for LC/140 pending for one year or more.
I am certainly not a lawyer so I maybe totally wrong. Best thing would be to consult your attorney.
frog

 

[saurabh_tulika]

Sanan if your labor has been applied for since last 365 days there should not be a issue for the extension. I am already in my 7th year extension and there is no news about my LC status, you had a NOF for work exp, can you please ealaborate on it a little bit, do you have more or do you have less experience.

This S*** is scary and confusing! What happens to people on H1 expiring in 1+ year still waiting for Labor? No extension after retrogression

More details on the topic here
http://boards.immigrationportal.com/showthread.php?t=147676&page=1&pp=15