California DOL (Regional) Tracking

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to beegie4

Hi,

Dont lose heart. I am sure you will find a way out of this crisis. Could you share your DOT code with us ? thanks

buckleup1
 
4beegie

Sorry to hear the news.. If your employer has branch office in any other state you can apply from there. If not, find out a company in other state which is ready to apply for your LC/GC..You do not need H1 with them to process LC.. After you get approval you can join them OR after 6 months of I-485 use portability (AC-21) to continue GC process thru your current employer.

Wish you good luck
 
Originally posted by gp111
4beegie

Sorry to hear the news.. If your employer has branch office in any other state you can apply from there. If not, find out a company in other state which is ready to apply for your LC/GC..You do not need H1 with them to process LC.. After you get approval you can join them OR after 6 months of I-485 use portability (AC-21) to continue GC process thru your current employer.

Wish you good luck


Thanks gp111 for your response.
So you are saying that I dont need an H1 with that company for filing for LC.??
Don't you have to mention all the details about the employment in the LC application (like your current status, title, sallary, num of hours etc)?? So all this info can be faked out but i believe at I-140 stage BCIS asks for the employment proof (pay stubs) from the employer. In that case u can be on the payroll for say six months or so. right?? and transfer the case to your original company.

So basically it comes to that for LC process you dont need a H1 and need not be working for them but for filing for 140 /485 you need to be employed and for which you will need a H1 with that company and be on their payroll. right??
Please let me know all this in detail.

Thanks
 
Remand cases

Does anyone know how long it takes for EDD to receive the remanded RIR cases from DOL after the decision is made?
 
Thanks. For the already remanded cases, what's the diffculty to send them back to DOL if the auto-remand policy changes?

Originally posted by sel
EDD official said-around 1 week.
 
My case was remanded in last week of June. But when I called
EDD last week, their computer still showed my case being sent to
DOL in Sept., 2002. They did not have "Remand to State" updated
in their system according to the person I spoke to. He may be
wrong.
If you check the following website,
http://www.lewslaw.com/US_Immigration_Updates.htm#05202003b
seach for "Remand cases", it says 4-6 weeks to get logged into
the system. I believe this time refers to EDD updating the
case status of Remanded cases in their system. So 1 week
could be just the travel time from DOL to EDD and it takes may
be 4-6 weeks to get logged in EDD. The facts are based on the
information which was true in May of this year, it may not be
true now.
If DOL do decide to take action on auto-remand cases, I do not
know how it is going to work.

This is just my view, I may be totally wrong here.

Originally posted by stan01
Thanks. For the already remanded cases, what's the diffculty to send them back to DOL if the auto-remand policy changes?
 
stan01,

Theoretically it is possible for SWA/EDD to return remanded cases to DOL and I am sure they'll be more than happy to do so because of their huge work load. It all depends on how DOL ultimately decides the fate of already remanded cases, or in other words how AILA and other lobbyists "bargain" with DOL. I think it'll be nothing short of a miracle if DOL changes the auto-remand policy to such an extent that already remanded cases are pulled back.
 
Sunnyvale123, thank you for sharing your thoughts. We are just hoping such miracle could happen in the near future. Let's pray for it.

Originally posted by Sunnyvale123
stan01,

Theoretically it is possible for SWA/EDD to return remanded cases to DOL and I am sure they'll be more than happy to do so because of their huge work load. It all depends on how DOL ultimately decides the fate of already remanded cases, or in other words how AILA and other lobbyists "bargain" with DOL. I think it'll be nothing short of a miracle if DOL changes the auto-remand policy to such an extent that already remanded cases are pulled back.
 
I think we should do more than just pray, although I honestly don't know what to do. I asked my lawyer about the change in DOL's auto-remand policy. All that he said was that his firm and AILA are in disucssions with SF DOL and DOL has not yet changed their policy. I then asked if these "discussions" are featuring any provisions for already remanded cases. I'll post once I get his reply.

PS: My case was remanded to state during 1st week of June
 
4beegie

Green Card Process is for "FUTURE EMPLOYMENT".. so you do not need to be an employee of an organization at any time during GC process, but need to join them after getting GC..

DO NOT FAKE the Information.. Use your current information (like your current status, title, sallary, num of hours etc) for applying. If Asked for Pay Stub, Submit pay stubs from your current employer.

You don't need H1 for I-485/I-140 stage also as it is part of FUTURE EMPLOYMENT process. You can use EAD to join your new employee if you want.
 
Originally posted by 4beegie
Thanks gp111 for your response.
So you are saying that I dont need an H1 with that company for filing for LC.??
Don't you have to mention all the details about the employment in the LC application (like your current status, title, sallary, num of hours etc)?? So all this info can be faked out but i believe at I-140 stage BCIS asks for the employment proof (pay stubs) from the employer. In that case u can be on the payroll for say six months or so. right?? and transfer the case to your original company.

So basically it comes to that for LC process you dont need a H1 and need not be working for them but for filing for 140 /485 you need to be employed and for which you will need a H1 with that company and be on their payroll. right??
Please let me know all this in detail.

Thanks

Hi beegie,

As Green Card is for future employment an Employer can file a Green Card for an available position without the person working with the company.

I know a person who filed for a Green Card from a company where there is a postion that matches his skills. He already got his labor certified and went ahead with concurrent filing. He is still working in California with his current company. I guess if every thing goes well, he is going to have Green Card in hand. After 180 days of filing 485 he any way is going to have the option of AC21 to swtich, if he wants.

My poiint is there is nothing to fake here. The company that files Green Card should be able to offer a postion once you get Green Card. As long as the company is in good standing, you should get Green Card. Now the question is, where do we find such company ? :)
 
well thanks guys. This sounds optimistic. I will look this further and see if any thing can be done.

Has any one appealed after getting denied and gotten an approval? If yes, please post. That would be helpful.

Is there a site where I can find what Dot codes are for what job titles like
DOT Code: 999.151-032 is for Computer Software Engineers, Systems Software
 
4beegie,

Dont worry dude. I am in the same boat as you are. My LC was denied recently by the SF DOL. Here is my case info.

DOT CODE: 999.113-021 (Manager Computer & Info Systems)
SESA PD: 07/24/01
DOL PD: 04/15/02
NOF ISSUED: 04/24/03
NOF REPLIED: 06/23/03
LC DENIED: 07/28/03

I work for a software company (in San Francisco) like everybody else here. The company was doing really well till last yr. Strength was about 300 ppl. It was acquired at the end of last yr by a public company. This is when the problem started. The new company laid off about 250 ppl and is not doing well. The NOF issued by DOL specifically inquired about the acquisition and lay offs. I guess I was just plain unlucky.

Dont lose hope. Like others have suggested in this forum, find another firm which can file your labor in fast states e.g Iowa. If you are lucky enough to find someone, it shouldnt take more than 3-4 months to get the LC approved from there. You can file as a future employee with the intent that you will join the sponsoring firm after ur I-485 approval. Of course, you and the sponsoring firm can decide not to work together once your I-485 is pending for 6 months ;)

Alternatively, in all seriousness, you can try changing your profession. A well known immigration lawyer told me last week that there is a shortage of Shepherds in California. All you need is a farmer who can testify that you will be herding his sheep once your GC is approved :) Of course, you dont have to be a shepherd. My point is dont apply as a software engineer again. Apply as someone who is in demand. I specifically asked the lawyer if DOL maintains the case history and he told me there is no way they can track your new application and match it with the old one.

If you are married, you can even think about having your wife as the primary applicant in the new GC application.

Good luck with your application. May the force be with you.

Shadowhunter.
 
Subsitute LC

Recenetly, my LC was remanded to state according to auto-remand policy.
On the other hand, my previous collegue's LC is approved but he quit the company. We both have same DOT code(172-xxx). Can I use his approved LC? What are the requirements to use his LC ?

I would be thankful to you on any advice !

Thanks
 
Re: Subsitute LC

Mostly you can use that .. But look for the educational Qualifications and Experience

Originally posted by GC208
Recenetly, my LC was remanded to state according to auto-remand policy.
On the other hand, my previous collegue's LC is approved but he quit the company. We both have same DOT code(172-xxx). Can I use his approved LC? What are the requirements to use his LC ?

I would be thankful to you on any advice !

Thanks
 
To 4beegie and others

Hi Guys,
I talked with one of my friend last week, whose brother works somewhere in washington state. He talked with his employer about the long wait for getting LC here. So, his employer have him hired through a consulting firm. Now officially he is a employee of that consulting firm, and works as a consultant in the same workplace. The consulting firm had office in kansas state, I believe. so, they applied for LC there and he got labor cleared in less than six months.
So, this may be a good idea for others to follow.
 
All consulting firms want is your money. I have seen very few desi firms that really have any sympathy for their consultants. Most of them are just trying to get as much money from you as possible. They use you and then leave you when they dont need you.
 
Shadowhunter

Originally posted by Schattenjager
4beegie,

Dont worry dude. I am in the same boat as you are. My LC was denied recently by the SF DOL. Here is my case info.

DOT CODE: 999.113-021 (Manager Computer & Info Systems)
SESA PD: 07/24/01
DOL PD: 04/15/02
NOF ISSUED: 04/24/03
NOF REPLIED: 06/23/03
LC DENIED: 07/28/03
Shadowhunter.

Thanks for your advice man. What are you doing now. Are u looking for a farmer who can sponsor or u are re applying.

What are the options are u considering now. Please let me know
Thanks
 
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