Atlanta Regional DOL Tracker

Dont understand ur question

First of all - if you met the state PW at time of filing - there is nothing to worry about coz they wont issue u an RFE/NOF for that!

Secondly, if your salary has gone further UP - then what are u worried about?? The higher - the better - for DOL/BCIS .. and ofcourse, for YOU :)

Sit back and chill man :) and congrats abt ur FEW increments ;)



joegr9 said:
Hi gurus,
A quick question.
When I filed my LC at state level, I had a wage that was OK as per the state standards. But by now after getting a few increments my salary has gone up quite a bit and is different from what was initially declared.

I was wondering, it shouldn't be a problem as far as it meets the prevailing wage requirements for the state.

Comments????????????????????????????
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No man I have not yet received the physical Certified letter from DOL, I beleive your Certifying officer and mine is same as she is out till Jan for vacation.

The other alternative my attorney states is to file 140/485 without LC, there are two possibilities, one is that we might receive a RFE at 140 or the second thing would be that whole package would be sent back and if that happens we will file 140 only and wait till PD reaches to current.

HotlantaGuy said:
We have not heard back from DOL after the attorneys submitted the rebuttal for my NOF a week back! Attorneys claim that they have been trying to reach the certifying officer(s) since the last many days.. but just cant get hold of em.

Does anybody know:

Thanks!
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Filing 140/485 without LC - very risky!

I discussed that option already with my lawyer. The problem is that - recently BCIS has changed some regulations and granted more power to their officers allowing them to reject 140s OUTRIGHT - if some BASIC paperwork is missing or incorrectly filed! It depends on the severity of the error. If its smthg very primary - they HAVE denied applications (learnt from other forums) ... didnt even give a chance for an RFE .. so i dont know man! What are you planning to do now ?

saurabh_tulika said:
No man I have not yet received the physical Certified letter from DOL, I beleive your Certifying officer and mine is same as she is out till Jan for vacation.

The other alternative my attorney states is to file 140/485 without LC, there are two possibilities, one is that we might receive a RFE at 140 or the second thing would be that whole package would be sent back and if that happens we will file 140 only and wait till PD reaches to current.
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Did anyone receive the "45-day letter??"

Did anyone on this forum receive the "45-day letter" from either Philly or Dallas? Please share your information if such a letter is received.
 
This is what my lawyer had responded

Worst case, we will go ahead and file the I-140 and I-485 without it. We will get an RFE hopefully asking for it and well have at least 30 days to provide it. There is a possibility though that they may send everything back and not accept the filing without it. It really depends on how closely the filing clerk looks at it. Then well have to re-file just the I-140 alone, and wait to file the I-485 when your priority date is reached. In the meanwhile youll be able to extend out your H-1B and H-4 status as long as necessary.

HotlantaGuy said:
I discussed that option already with my lawyer. The problem is that - recently BCIS has changed some regulations and granted more power to their officers allowing them to reject 140s OUTRIGHT - if some BASIC paperwork is missing or incorrectly filed! It depends on the severity of the error. If its smthg very primary - they HAVE denied applications (learnt from other forums) ... didnt even give a chance for an RFE .. so i dont know man! What are you planning to do now ?
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Iam not sure where my case will land Philly or Dallas ???

alohaahola said:
Did anyone on this forum receive the "45-day letter" from either Philly or Dallas? Please share your information if such a letter is received.
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Possible

Yeah, i guess you can take that chance. Had 2 questions:

1) How much $$ loss (legal + filing fees) are we looking at - if 140 has to be re-filed coz of this? Might need this info to convince HR.

2) The deadline of Dec-30th - is it OK to have a fedex postmark date of Dec-30th - as opposed to having a BCIS received date of Dec-30th to meet the deadline? My lawyer is saying a postmark of dec-30th is alright - can anyone pls confirm??


thanks!


saurabh_tulika said:
This is what my lawyer had responded

Worst case, we will go ahead and file the I-140 and I-485 without it. We will get an RFE hopefully asking for it and well have at least 30 days to provide it. There is a possibility though that they may send everything back and not accept the filing without it. It really depends on how closely the filing clerk looks at it. Then well have to re-file just the I-140 alone, and wait to file the I-485 when your priority date is reached. In the meanwhile youll be able to extend out your H-1B and H-4 status as long as necessary.
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Reason i ask for the $$ loss is coz - an 140 DENIAL - is not the same as a returned, ineligible filing. I learnt from other forums thats the 140 is denied after many months when they open ur file and find something crucial missing or not filled out etc. Then, probably we can file a Motion to ReOpen or something. I dont know .. what a mess!

Ok.. another important question - are concurrent 140/485 filers getting their 140 approved SEPARATELY, ahead of 485? Coz, arent they supposed to adjudicate the 2 TOGETHER for concurrent as per the new laws?



saurabh_tulika said:
This is what my lawyer had responded

Worst case, we will go ahead and file the I-140 and I-485 without it. We will get an RFE hopefully asking for it and well have at least 30 days to provide it. There is a possibility though that they may send everything back and not accept the filing without it. It really depends on how closely the filing clerk looks at it. Then well have to re-file just the I-140 alone, and wait to file the I-485 when your priority date is reached. In the meanwhile youll be able to extend out your H-1B and H-4 status as long as necessary.
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HotlantaGuy, thanks for ur input .......... I was just confused and ur reply provided the clarifications I needed.

Thanks again!

HotlantaGuy said:
First of all - if you met the state PW at time of filing - there is nothing to worry about coz they wont issue u an RFE/NOF for that!

Secondly, if your salary has gone further UP - then what are u worried about?? The higher - the better - for DOL/BCIS .. and ofcourse, for YOU :)

Sit back and chill man :) and congrats abt ur FEW increments ;)
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gceeker05 May 16 2003
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ga2003 Jun 23 2003
atl0624 Jun 26 2003
USAINDIA Jun 27 2003
GC_Ven Jun 30 2003

smbasha Jul 01 2003 FL
jifjef Jul 02 2003
dru Jul 07 2003 NC
USALABOR Jul 11 2003

Did you'll find out from your attorney where your case will go. Have you ever recd any letter from BEC ??? Please post forum if you have any info about your case.
Thnxs :confused:
 
Just keep in mind my LC is already certified and we have the date of certification with us (which I beleive is required - althougn not sure)
If you are still waiting for the NOF response, you definetely need to check with your lawyer, About FEDEX postmarked date, my attorney says we should send it latest by today so that it is there by tomorrow.

HotlantaGuy said:
Yeah, i guess you can take that chance. Had 2 questions:

1) How much $$ loss (legal + filing fees) are we looking at - if 140 has to be re-filed coz of this? Might need this info to convince HR.

2) The deadline of Dec-30th - is it OK to have a fedex postmark date of Dec-30th - as opposed to having a BCIS received date of Dec-30th to meet the deadline? My lawyer is saying a postmark of dec-30th is alright - can anyone pls confirm??


thanks!
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Postmark date doesnt work.

Thanks for your response Saurabh. Yeah, my lawyer said the same thing basically - that if the LC is certified prior to sending the papers .. then most probably you will be fine. Do you have any clue why your case has not reached you yet? Also, have you or your lawyer been able to talk to any officer at DOL yet? We have been trying .. but NO LUCK SINCE a WEEK or so! They are not returning voicemails either. Is your officer with initials "EJS" or "CS" by any chance?

And postmark date of Dec-30 wont work! It HAS to be sent out today by overnight delivery.


saurabh_tulika said:
Just keep in mind my LC is already certified and we have the date of certification with us (which I beleive is required - althougn not sure)
If you are still waiting for the NOF response, you definetely need to check with your lawyer, About FEDEX postmarked date, my attorney says we should send it latest by today so that it is there by tomorrow.
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I beleive my officers name initials are EJS, although I do not know if there is J or not in between but first and last name is E and S.

My lawyer had spoken to someone (I do not know who) on 16th December and she said the case was approved on 14th of December. After that we have not been ableto talk to anyone.


HotlantaGuy said:
Thanks for your response Saurabh. Yeah, my lawyer said the same thing basically - that if the LC is certified prior to sending the papers .. then most probably you will be fine. Do you have any clue why your case has not reached you yet? Also, have you or your lawyer been able to talk to any officer at DOL yet? We have been trying .. but NO LUCK SINCE a WEEK or so! They are not returning voicemails either. Is your officer with initials "EJS" or "CS" by any chance?

And postmark date of Dec-30 wont work! It HAS to be sent out today by overnight delivery.
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what if we file tomorrow?

Guys what if we file for 140 and 485 tomorrow. Will it still go into the PD queue or will be considered for concurrent processing. Not sure where all this will lead to. If the PD is 2004 March then how long will the wait be ... any ideas. I am sure a lot of lawyers are scrambling to file today or tomorrow. Is this a good ploy or not. When a 140 application is denied what happens. refiling is it a issue? Also please explian when EAD is issued?

W
 
Nope.. worst case is ...

Worst case is that they accept my application and gimme a receipt date/# etc.

I wait happily for a year .. and then all of a sudden my 140 is outright DENIED - coz it was not legit to file 140 BEFORE the LC approval date!

So, we waste some $$ and i waste a LOT of time!!

Thoughts?


compiler said:
You can do it today. The worst is the petition will be returned. As for the DOL people, they have already gone for shopping, cooking etc. and won’t smell your case until January 3rd. So, relax and come back next week.
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How can you file tomorrow ..

First off, am assuming u would use SAME DAY courier service ($700+) for it to reach on time tomorrow itself..

Secondly, with a PD of Mar 2004 - ur LC approval is about 3-6 months away maybe? So how do u plan to jump the sequence and go straight for 140/485 in advance? Pls explain.

EAD can be filed for once u have a 485 filing receipt - and u get it within 90 days after that.


wannabe said:
Guys what if we file for 140 and 485 tomorrow. Will it still go into the PD queue or will be considered for concurrent processing. Not sure where all this will lead to. If the PD is 2004 March then how long will the wait be ... any ideas. I am sure a lot of lawyers are scrambling to file today or tomorrow. Is this a good ploy or not. When a 140 application is denied what happens. refiling is it a issue? Also please explian when EAD is issued?

W
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Well I got my LC approved in Dec.....due some issues we got delayed and are still not filed for CP as of today ...wondering if I missed the boat or what?

W
 
When was your LC approved i December, have you recieved the Certified letter from the ATL DOL.

If you are doing Counsellor processing, you can not get the Visa number until the 140 is approved, check with the lawyer. Also it depends if you are EB2 or EB3

wannabe said:
Well I got my LC approved in Dec.....due some issues we got delayed and are still not filed for CP as of today ...wondering if I missed the boat or what?

W
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I meant concurrent processsing and not counsellor processing...lawyers have recieved the letter from the DOL

W
 
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