Re-Process or Re-Ramand!!!
Originally posted by The-Dude
I seriously doubt that DOL will deny all the LC cases in California, there are too many H-1 holders in California for them to do that. This government got huge amount of donations from the big companies, it can't just turn around and screw them up. That's why they didn't deny all the cases in the first place. But, it's just my opinion.
What I understand is that to deny any case (both RIR and NON-RIR), they must show one or more
specific deficiency for the case. It's their burden(work?) to find deficiency. And if they find any, then
they may either issue NOF which would mostly be rebutted, Or deny the case altogether which may be
challenged (appealed) at the Board of Alien Labor Certification Appeals (BACLA).
For those mass remanded cases , problem for DOL is to find (or try to find) any specific deficiency, address or try to adders the rebuttals or attend BACLA trial - all of which involves time and work. So they resorted to mass remand (not deny) reasoning only about bad economy, job loss etc. Thus avoiding rebuttal and mass appeals.
If eventually re-processed, rather actually processed, there is good chance to get certified for those auto-remanded cases. Correct me if I am wrong.
All my employer's cases were RIR and have been remanded. PD Sept. RD at DOL between Aug' and Sep. IT and all were ..31 dot codes. Does anybody has any idea about equivalent NON-RIR cases during the same time? Have they started processing them. I suppose NON-RIR cases cannot be remanded. So will/did they deny them out rightly?