California DOL (Regional) Tracking

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Re: Labor remanded to state

Originally posted by aman_k
Hi All,

My case has been transferred to non-RIR queue.
Company is mid-size with a few layoffs
Job -description:Software Engineer
DOL receipt: End of Nov 2002.

Does anybody know how long it takes for labour
to clear in non-RIR queue?

Thanks
aman_k

sorry to hear that.
did u get a NOF or was it auto remanded?
also when were the layoffs?
 
DOT code deetails

Gurus, I just found out my DOT code, how do I find out what category it is....sftw eng, consultant etc... can one of you point me to the right place.... My application is in recieved status with DOL (11/12/02) getting close and the tension mounts.... Big company don't know of reportable layoffs...
 
Re: Re: Labor remanded to state

Originally posted by jnathan
sorry to hear that.
did u get a NOF or was it auto remanded?
also when were the layoffs?

BTW, I wonder how DOL gathers the info about layoffs from a company and at what time of the processing. It seems DOL is processing RIR cases with RDs end of November, 2002.

My RD is 12-03-2002 and was a small company with no layoffs until July, 2003. In July,2003 our company was acquired by a midsize company which did major layoffs in Florida and Virginia during 2001-02. It does not have any presence in Bay Area until they acquired us.

So how the DOL is going to consider about Layoffs in my case?

Any idea,

I feel dumb to ask this question, but can't stop to ask.
 
Re: Remanded to state

Originally posted by surya369
I have been following this forum for almost an year now.

Just received an update from my lawyer that my application has been remanded to state.

I work for a very big IT co located in SFO with layoffs.

My lawyer said I received the 3 options letter and as the co policy is not to retest the market (given the job market) it is being remanded.

Also an info that my lawyer provide is DOL is working on a policy which is going to effect the cases which were AUTO REMANDED and this policy may not have any details regarding those cases which were remanded because of 3 options letter.

My DOL RD is 10/21/02.

hi Surya,
Sorry to hear about your case. Like many others mine was also auto remaned to state.

Even my attorney mentioned that they are talking to the DOL. But she didnt elobrate anything further.

Do you have any info like:
a) when will DOL make a decision on the auto remanded cases.

b) Is it a way they could identify the autho remand cases? if so what kind off apporach they are planning to take.

Even otherw who might have answers (or guesses ) might share with others.

Thanks for your time.
 
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Re: Re: Re: Labor remanded to state

Originally posted by rk4gc
BTW, I wonder how DOL gathers the info about layoffs from a company and at what time of the processing.

Any idea,

I feel dumb to ask this question, but can't stop to ask.

I believe whenever a company lays off someone it has to inform the Labor dept.
Another thing is - when a citizen gets laid off he/she applies for unemployment benefits -so at that time, the layoff gets recorded with the Labor dept. So they have a way of knowing.

My problem is my CIO - who was handling my GC papers got laid off because of difference of opinion with my CEO.
Another American programmer got laid off because of poor performance.
But I guess Labor dept would just see them as layoffs.....it 's just not fair.
 
DOL Throughput

Progress, progress, progress....

It seems like DOL is really making progress. I am encouraged to see approvals for November cases.

I was wondering if anyone has been tracking the actual progress or burn rate for the applications.

Eg, are DOL getting through 2 months worth of approvals/denials in a calendar month.

The reason I ask is that my case was approved by SESA in May and forwarded to DOL. If DOL are up to Nov/02 then when can I expect them to reach May 03.

Any help appreciated.:confused:
 
Re: Re: Remanded to state

This is an interesting message that I am pasting from the Chicago DOL thread.
This confuses me more on how the Remaded to State cases are handled.

If anyone has an insight can they please explain this. The following case was Remanded to the State in May'03 and was subsequently approved.

Remand to state means , the empolyer has to carry out the recruitment effort under SESA supervision, RIGHT???

Then how can Remanded cases go to the
Non RIR queue.

==========================
Originally posted by jalabalajings
Guys,

Finally the wait is over. Three more steps to go. Anyway here are my details.

Case # : 0541XXXX
DOT Code : 030.167-014
DOT Description : Systems Analyst
Category : EB3 - RIR
Case received by IL SESA : 12/28/2002
Case forwarded to Chicago DOL by IL SESA : 02/11/2003
Case received by Chicago DOL : 02/18/2003
NOF Issued by Chicago DOL : 08/04/2003
NOF reply received by Chicago DOL : 08/15/2003
Case remanded to IL SESA for supervised recruitment : 05/15/2003
Case sent to IL SESA by Employer after supervised recruitment process : 08/07/2003
Case received by IL SESA : 08/08/2003
Case received by Chicago DOL : 08/14/2003 with the message "Case received from state after a remand"
Case approved : 08/25/2003

Thankyou all guys for your support. Meet you all in the 140/CP forum. Wish you all the best.

Let me know if you have any questions and I will be happy to assist you to the best of my knowledge.

Thanks,
Dave

Originally posted by goodphysq
hi Surya,
Sorry to hear about your case. Like many others mine was also auto remaned to state.

Even my attorney mentioned that they are talking to the DOL. But she didnt elobrate anything further.

Do you have any info like:
a) when will DOL make a decision on the auto remanded cases.

b) Is it a way they could identify the autho remand cases? if so what kind off apporach they are planning to take.

Even otherw who might have answers (or guesses ) might share with others.

Thanks for your time.
 
alternative ways to get GC for auto-remanded LC

My case was recently autoremanded by SF DOL. My laywer keeps telling me to want until DOL accept new policy about auto-remanded cases. My application was entry level position of Software engineer, so I am not very optimistic about DOL good intentions to help me to get my GC.
So I am trying to find a backup plan.

Is it possible to use 245(i) or 245(k) somehow to apply for adjustment of status? The requirement for the act is to file LC before April 30,2001 and be present in the US on Dec 21, 2000. LC has to be "approvable when filed", but doesn't have to be approved. I assume that LC can be denied or withdrawn then.

two problems with my case are I never was out-of-status and my LC was filed after april 30,2001 in august 2001. It seems there was a bill considered to extend the deadline upto April 30,2002 (H.R. 1885 and S.778, congress session 107th ). Does anybody knows if it was signed into the law?

I have a few years left on my H1B, but what's the point to wait until it expires and then start thinking what to do?

SF DOL PD 10/08/2002
auto-remanded to SWA
software engineer, washington state
 
Re: Re: Re: Remanded to state

Supervised recruitment happens in the Non-RIR queue, basically the RIR queue is a fast track method, where the companies in "good faith" apply stating that they have been doing the recruiting but were unable to get any qualified person to take up the offer. By remanding the applications back to SESA, the DOL is suggesting that they dont agree with the Company's stand, as they believe there are qualified people who can take up the job. Since there has been no "verification" queue per se, they put you in the Regular queue which will do the "verification" by trying to do the recruitment.

001
Originally posted by cal97
This is an interesting message that I am pasting from the Chicago DOL thread.
This confuses me more on how the Remaded to State cases are handled.
Dave
 
Re: Re: Re: Re: Labor remanded to state

Originally posted by jnathan

My problem is my CIO - who was handling my GC papers got laid off because of difference of opinion with my CEO.
Another American programmer got laid off because of poor performance.
But I guess Labor dept would just see them as layoffs.....it 's just not fair.

From what I have heard - if you intentionally leave a job, you cant claim social security benefits. I think same applies for performance related termination - but not quite sure.

PS: What I left unsaid was that these may not be counted as layoff's.
 
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My Application was filled with SWA in 11/01. As I said earlier my app was remaded at DOL so no longer in RIR Q.

Currently the SWA is processing 4/01 and they are saying it may take several years (3-4) to complete Apirl and assuming they reach november 1 year later.

The question I have is will they be considering the initial Ad or can there be any modifications made to the Ad. Basically does Advertisement state the required experience as of 2001 or 2007.

Does anyone know the status of PERM??
 
Re: Labor remanded to state

Hi Aman_K,

I feel very sorry for you.
You said your DOL receipt date is end of Nov2002, could you give us the exact date? The reason I am asking you is my DOL date is Nov 20th, so I am very curious to know about your details.
Thanks in advance,


Originally posted by aman_k
Hi All,

My case has been transferred to non-RIR queue.
Company is mid-size with a few layoffs
Job -description:Software Engineer
DOL receipt: End of Nov 2002.

Does anybody know how long it takes for labour
to clear in non-RIR queue?

Thanks
aman_k
 
DOT code

Hi all,

I checked the AVM this morning using my company's phone number and found out that one of the lucky guys got the LC approval but the DOT code is a bit unusual, If anyone of you is familiar with this DOT code please let me know the corresponding occupation title, thanks in advance.:

DOT: 030.062-010
DOL received: Sept 03 2002
Certified: June 2003
 
Originally posted by surya369


The question I have is will they be considering the initial Ad or can there be any modifications made to the Ad. Basically does Advertisement state the required experience as of 2001 or 2007.


If the labor is filed by the company you are worknig right now, then you can only use the experience whatever you gained before you joined the company.

Hypotheically, lets say if the required experience raised by 6 years as your turn comes only in 2007 then you may not be eligible to apply for that postion as the experience acquired by you during the current company does not count for the labor.


More over I think you need to use the same Advertisiment even if it takes 6 years or 10 years for your turn.

Thats the irony, some things in the world are not logical, but we have to live with it.

Any body for a "class action" suit against it, just kidding.
 
Re: DOT code

Hi EB3_RIR_MAR_03

Here is the URL to check the DOT codes...

http://www.bls.gov/oes/2001/oes_stru.htm

Good news!

Originally posted by EB3_RIR_MAR_03
Hi all,

I checked the AVM this morning using my company's phone number and found out that one of the lucky guys got the LC approval but the DOT code is a bit unusual, If anyone of you is familiar with this DOT code please let me know the corresponding occupation title, thanks in advance.:

DOT: 030.062-010
DOL received: Sept 03 2002
Certified: June 2003
 
Re: Re: Re: Re: Labor remanded to state

Originally posted by jnathan
I believe whenever a company lays off someone it has to inform the Labor dept.
Another thing is - when a citizen gets laid off he/she applies for unemployment benefits -so at that time, the layoff gets recorded with the Labor dept. So they have a way of knowing.

My problem is my CIO - who was handling my GC papers got laid off because of difference of opinion with my CEO.
Another American programmer got laid off because of poor performance.
But I guess Labor dept would just see them as layoffs.....it 's just not fair.

thanks for the info, as some body mentioned these layoffs may not count. good luck
 
One more approval

One of my colleageus case has been approved.

Location: Bay Area big S/w company
Dol Reciept date: Nov 6 2002
DOT : 151-031

My case is remanded in july 2nd week with same job description.
 
Guys my DOT code is 999-113-021, did anyone is this code get approved/rejected and when..... would appritiate any info....
waiting patiently with a sword on my head...
 
Re: Re: Re: DOT code

Yvesliu,

When did you apply for LC? I believe they changed the format in or around 2001. So depending on your RD/PD, you might have gotten the old code.

001
Originally posted by yvesliu
But I can't find 030.062-010 on this page. My case number is the same.
 
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