Delaware SESA Tracker

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Originally posted by rincytom
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How seriously are DE SESA applications being scrutinized by Philio DOL?If a company has filed for labors from DE,but is headquarted elsewhere but has business in DE would that go through without any issues?
Sam6
 
Read some interesting comments from Philly DOL thread.

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zodiac2003
Junior Member

Delaware LC

Hi Guys,

I have been a silent observer to the posts for sometime now. Wanted to share this information and get some answers from you guys..

My labor application, applied from DE in Dec 2002, moved to Philly DOL on Aug 13th.

Our company, a registered company in DE and has been successfully running for the last 8 years without any lay offs or any problem with immigration in terms of Green Cards. It is just that we dont have a fully blown office setup in DE. We just have couple of applications Pending. We have in no way misused the rules in DE nor filed enormous number of applications.

Recently my lawyer (Supposed to be a big firm from DE) had called us up and informed that Philly DOL had called up this lawyer firm approximately 2 1/2 weeks backs and informed them about some changes in definitions of a company operating from DE. Have asked any applications who do not fit into these definitions will be scrutinized or rejected. If the company or the law firm try to respond or fight, company will be refered to OIG(Office of Inspector General). If that happens, it is will become a criminal case if they find any discrepancies.

Now the Lawyer is almost is giving us no other option and more or less forcing us to withdraw the application filed from Delaware. He says there are no corrective actions to this.

We know Philly DOL have changed the definition of company maintaining the offices in DE, but have few questions,

Have you or your companies heard anything like withdrawing as only option left?
Why is this kind of information not posted any where in the immigration websites?
Does moving to different lawyer makes sense now?


Would appreciate if you can let me know at the earliest. We have to answer the lawyer about withdrawing the applications by early next week.
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kohinoor4me
Junior Member

Same as yours

Same as yours, My labor application, applied from DE in Dec 2002, moved to Philly DOL on Aug 20th.

Changing lawyer may not help, my attorney is Sheela Murthy and giving same advice.

I am filling fresh labor from Philadelphia , it is just 2 months back logged.
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indgc123
Member

My lawyer also adviced me not to respond to the NOF. He has spoken to Philly DOL Certifying Officer (Steven Stefanco) on the phone where Stefanco indicated that if we respond to the query they will handover the case to the fraud investigation authorities.

The best option Stefanco has suggested in this matter is to file a new labor from the company's head-quarter . He also mentioned that he won't take any action against our company if we don't fight for the case.

My lawyer is one of the popular lawyers in the USA (host of channel 13 Immigration forum) has suggested to file another labor separately from my company's head-quarters.

-- ind
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(Source http://immigrationportal.com/showth...;pagenumber=192)
 
RFE , This is something like some documents are missing/required eg. if you forget to submit your educational certificates then they will issue RFE to prove that u have educational qualification as you mentioned in your statement/Application.

2nd eg. In your application if you mentioned your salary and not enclosed your salary slip. To support your statment they need some documents as evidence. Then they will issue RFE.

NOF, You submited the educational qualification and found that, you are not eligible or the ducuments is not original or something like that (Some thing they find from the documents you given is not correct/false....etc (

2nd eg. you mentioned your salary as 50K/annum and give the salary slip for 45K

Then they will issue NOF .

In simple term we can say NOF is nothing but discrepency.

Hope this will help you.
 
Hello all I am new to this forum.
I am working as a consultant. My employer agreed to apply for my GC in KY. I have given my papers to lawyer. He said he will apply for my labor in few days. I know this employer very well. But my project may end in 1 or 2 months.

I heard I can buy labor certificate if some one has it. I want to go for it. Since my project is uncertain.
Is it required to get one more H1 to apply for I140 & 485 if I get labor clearace form someone?

If you know some one who has labor clearance I am ready to pay.

Please help me in this.

Thanks
Kumar
 
Delaware shows move to april

check murthy.com,processing timees show DE moved to April,march approvals?i haven't heard anything.
sam6
 
From March

Hi

My RD is March 28th, 2003 and my Company has got a JPN - prevailing wage correction from SESA.

Doing that currently.
 
March DE Approvals?

Have any March DE filers received any information about their labor?I've been checking with my company,and they haven't got any information.I'm hoping to check directly with the lawyer.
Sam6
 
Hi laknar,
could you please post whether your company has a regular office or an virtual office in DE., also any detail on ROFs(if you had any) would be really helpful. I hope lost of other folks around would be interested in knowing the detail too.
 
Lawyer advised to withdraw cases from DE

Hi Guys,
Just got a call from my company (GC sponsoring company). Our laywer got a call from Philly DOL that they are gonna closely scrutinize cases filed from DE and if the company is not head quartered in DE, they could reject cases.
Lawyer has been advised to pull out all cases filed from DE as there are chances of labor getting rejected and consequence of that is, If it gets rejected, the candidate cannot file for another 6 months in any other state (I am not sure whether that is correct or not).
My company is headquartered in NJ and has a office space in DE with a person operating superficial company chores.
My labor has been filed on 21st April last year..so now I have a choice to either risk it and get rejected OR withdraw and re-file labor from someplace else.

Dilemmas...Dilemmas.

Any other experiences/feedback on this would be appreciated.


Regards,
DeepForest
 
No. My lawyer is a New Jersey based guy. And apparently, according to my employer , he got a call from the Philly DOL person advising him about this problem. So, it seems right out of the horse's mouth kinda thing.
My question in general to all those who have got their labor cleared in Dec-Jan-Feb timeline is, what kind of setup their company had in DE? was it a corporate head quarter or just another branch?
It would be interesting to know how their cases got thru the dragnet.

Regards,
DeepForest
 
Originally posted by rincytom
Is the issue only with head quarters?

What about consulting companies who has head quarters in Delaware but employees working in other states(no payroll from Delaware)?

Any info regarding these?.......

I am not sure, rincytom, whether its only limited to headquarter setup or just a company sub-office setup. My company was more concerned that if they receive a NOF, they wouldnt be replying to it..so I would be kinda in the cold and having no other recourse, but to file afresh from NJ.
We have employees working out of DE (I work in NY) and all have been "suggested" to withdraw the application (which sucks bigtime) and re-start in NJ (where our headquarters are).


Regards,
DeepForest
 
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