Chicago Regional DOL Tracker - Old (Archived on 09/22/2004)
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Thanks Rupajana
I read your posting, but it seems that you changed your experience to 3 yrs . I checked with my Lawyer and she told me that its not allowed to change the exp. or the qualification different than your previous AD. But you can add more description to the Job Requirements.
Mine is filed under Mechanical Engineering.
Also can you tell how to chk on AVM ?
Thanks
I read your posting, but it seems that you changed your experience to 3 yrs . I checked with my Lawyer and she told me that its not allowed to change the exp. or the qualification different than your previous AD. But you can add more description to the Job Requirements.
Mine is filed under Mechanical Engineering.
Also can you tell how to chk on AVM ?
Thanks
kalse_2000
Registered Users (C)
Need Help
Hi All,
Since November, DOL has implemented new Rule for RIR as follow:
“Applications for positions requiring a Bachelor’s Degree and three (3) or more years of experience or a Master’s Degree (+) six (6) months of experience”
My application was filed BS + 2 Years of experience and as we know that Chicago DOL are send RFE, I was wondering is there any way that I could send them more Ads done by my company lately and amendment from 2 Year to 3 Year experience.
Any comment will be helpful.
Thank you all
Hi All,
Since November, DOL has implemented new Rule for RIR as follow:
“Applications for positions requiring a Bachelor’s Degree and three (3) or more years of experience or a Master’s Degree (+) six (6) months of experience”
My application was filed BS + 2 Years of experience and as we know that Chicago DOL are send RFE, I was wondering is there any way that I could send them more Ads done by my company lately and amendment from 2 Year to 3 Year experience.
Any comment will be helpful.
Thank you all
bhasu,
Read the new rule carefully , one of the option is that you can do one day retest of labor market and ammend the exp.(Though the remand letter does not clearly say abt increasing exp). Tell your lawyer to talk to DOL. They can reason that the new rule came in after they filed your case, so you should be given a chance to rectify.
my lawyer took lots of information and then decided to do an add saying BS + 3 years exp required with x, y, z skills.
Then she said she will change the ETA 750 to include 3 years to go with the add. ETA 750 can be changed anytime before it is approved. She did talk to the Certifying officer abt it.
Kalse_2000, see my previous posts regarding this new rule.
Read the new rule carefully , one of the option is that you can do one day retest of labor market and ammend the exp.(Though the remand letter does not clearly say abt increasing exp). Tell your lawyer to talk to DOL. They can reason that the new rule came in after they filed your case, so you should be given a chance to rectify.
my lawyer took lots of information and then decided to do an add saying BS + 3 years exp required with x, y, z skills.
Then she said she will change the ETA 750 to include 3 years to go with the add. ETA 750 can be changed anytime before it is approved. She did talk to the Certifying officer abt it.
Kalse_2000, see my previous posts regarding this new rule.
Thanks Ruparajana
Spoke with my Lawyer and seems that they didnt know abt this memo ...Strange !!! Rather you have more knowledge on the subject . ...
But they confirmed that yes its Ok to increase the Exp and they'd send the copy of memo for support alongwith ...
But changing the Exp to 3 yrs requires in Increase in Min Prevailing Wage . My question is
1. Does my Present Salary need to be the Prevailing Salary for filing Labor Cert ?
2. Does changing the Exp means that ETA750 goes Back to SESA for Approval?
Please send details , would appreciate your response.
Thanks
Spoke with my Lawyer and seems that they didnt know abt this memo ...Strange !!! Rather you have more knowledge on the subject . ...
But they confirmed that yes its Ok to increase the Exp and they'd send the copy of memo for support alongwith ...
But changing the Exp to 3 yrs requires in Increase in Min Prevailing Wage . My question is
1. Does my Present Salary need to be the Prevailing Salary for filing Labor Cert ?
2. Does changing the Exp means that ETA750 goes Back to SESA for Approval?
Please send details , would appreciate your response.
Thanks
Jharkhandi
Registered Users (C)
Bhasu,
Most of the immigration lawyers just help you fill the forms. They are hardly updated as their target is making money and not love of profession. Don't be surprised.
Most of the immigration lawyers just help you fill the forms. They are hardly updated as their target is making money and not love of profession. Don't be surprised.
Jharkhandi
Registered Users (C)
1. Does my Present Salary need to be the Prevailing Salary for filing Labor Cert ?
Yes, or else your lawyer should have reason to tell why is it not so. Most of the times - people use a promise from employer that they will be paid at XYZ rate once GC is approved - and it works.
2. Does changing the Exp means that ETA750 goes Back to SESA for Approval?
Yes always.
Yes, or else your lawyer should have reason to tell why is it not so. Most of the times - people use a promise from employer that they will be paid at XYZ rate once GC is approved - and it works.
2. Does changing the Exp means that ETA750 goes Back to SESA for Approval?
Yes always.
Remand To Employer
Thanks Jharkhandi
If anyone got reply from DOL after Retesting Option selection and its results , pls keep the Forum posted. What was the amendment in the AD (Experience , Profile etc) Actually this is New ruling from DOL to Remand per the Memo issued on 20th Nov (see Post from Ruparajana on Pg 188)
- Confused if there could be some Problems if Experience increase requires further justfication why the same job was required with X yrs but now is Advertised with X+1 yr ? Did someone face this Problem?
- Or is it just to reduce the No, of applicants who opt for SWA Remand/ Non-RIR OR Withdrawl?
- Or just DOL's intention to drop the cases with less than BS+3 yr & MS+6Mo Exp.
- Or genuinely reviewing the Re-test Results..
Sr members Pls post your comments..
Thanks Jharkhandi
If anyone got reply from DOL after Retesting Option selection and its results , pls keep the Forum posted. What was the amendment in the AD (Experience , Profile etc) Actually this is New ruling from DOL to Remand per the Memo issued on 20th Nov (see Post from Ruparajana on Pg 188)
- Confused if there could be some Problems if Experience increase requires further justfication why the same job was required with X yrs but now is Advertised with X+1 yr ? Did someone face this Problem?
- Or is it just to reduce the No, of applicants who opt for SWA Remand/ Non-RIR OR Withdrawl?
- Or just DOL's intention to drop the cases with less than BS+3 yr & MS+6Mo Exp.
- Or genuinely reviewing the Re-test Results..
Sr members Pls post your comments..
Jharkhandi
Registered Users (C)
Bhasu,
Rupajana is undergoing such a situation - she maybe able to share her experiences.
Rupajana is undergoing such a situation - she maybe able to share her experiences.
Changing experience does not require the case to go to SWA. My case will be directly submitted to DOL as the reply to remand.
As far as why the exp is increased, I think one hs to explain keeping the new rule in mind.
Actually my case was pending in DOL since May 2003 (when the rule was just in making), so my lawyer spoke with the CO number of times and she thinks this is the best bet to get it certified.
Also the law clearly says that "if the cases are applied before the rule came, # of yrs exp can be changed as long as salary and your exp can be proved with it".
We are using the above statement as our base.
Tell your lawyer to talk to your certifying officer who signed your remand letter.
I can share my experience only after a few weeks, my lawyer is planning to reply to the remand next week.
As far as why the exp is increased, I think one hs to explain keeping the new rule in mind.
Actually my case was pending in DOL since May 2003 (when the rule was just in making), so my lawyer spoke with the CO number of times and she thinks this is the best bet to get it certified.
Also the law clearly says that "if the cases are applied before the rule came, # of yrs exp can be changed as long as salary and your exp can be proved with it".
We are using the above statement as our base.
Tell your lawyer to talk to your certifying officer who signed your remand letter.
I can share my experience only after a few weeks, my lawyer is planning to reply to the remand next week.
Thanks Ruparajana
I feel more comfortable now after reading your details you are doing a great Job. I think that the only Problem even after the Experience and Salary complies to 3 Yrs Experience is that DOL might issue NOF for explaination for Changing the same Job requirement from 1yr to 3 yrs experience.
For this may be adding more details to Job requirements could be a key.
As far as I know , you CANNOT Tailormade the Adv per the
Experience but must be per the Job Requirements. Your Point does make alot of sense as when the case was filed , there werent many people for this job with 3 yrs experience so you filed with lower requirement to better search the job market for eligible US Workers. I asked my Lawyer to talk to the CO at DOL explaining this in my case.
You are right this is the Best bet with new Rule.
Good Luck to you and my fingers are already crossed . ;-)
I feel more comfortable now after reading your details you are doing a great Job. I think that the only Problem even after the Experience and Salary complies to 3 Yrs Experience is that DOL might issue NOF for explaination for Changing the same Job requirement from 1yr to 3 yrs experience.
For this may be adding more details to Job requirements could be a key.
As far as I know , you CANNOT Tailormade the Adv per the
Experience but must be per the Job Requirements. Your Point does make alot of sense as when the case was filed , there werent many people for this job with 3 yrs experience so you filed with lower requirement to better search the job market for eligible US Workers. I asked my Lawyer to talk to the CO at DOL explaining this in my case.
You are right this is the Best bet with new Rule.
Good Luck to you and my fingers are already crossed . ;-)
Jharkhandi
Registered Users (C)
alice8892,
Any updates?
Any updates?
kalse_2000
Registered Users (C)
What u mean?
Hi Ray,
When u said that "out of State", what that means for..???
Thank you
Hi Ray,
When u said that "out of State", what that means for..???
Thank you
Doubt when i applied on November 11th regarding new RIR law?
Hi All,
I applied on November 11th and got my state approved on Dec 3rd. Now I am waiting for the fedral part which is going at the snail pace.
Tell me if I applied before the new regulations came into picture (RIR rules being changed)do I stand eligble or I am destined to get the query for the Bachelor 3yrs query.
BTW:I have applied under Bachelor and 2 yrs. Also when I try to enter the AVM my employers tax id it says that number not found. what can that mean.
What i wonder is what is the role of state ,since they fowarded the applicaiton to fedral on 3rd December. Since they were aware of the new RIR law they could have only blocked the case and put a query.
Any thoughts.
Hi All,
I applied on November 11th and got my state approved on Dec 3rd. Now I am waiting for the fedral part which is going at the snail pace.
Tell me if I applied before the new regulations came into picture (RIR rules being changed)do I stand eligble or I am destined to get the query for the Bachelor 3yrs query.
BTW:I have applied under Bachelor and 2 yrs. Also when I try to enter the AVM my employers tax id it says that number not found. what can that mean.
What i wonder is what is the role of state ,since they fowarded the applicaiton to fedral on 3rd December. Since they were aware of the new RIR law they could have only blocked the case and put a query.
Any thoughts.
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