Got Notice from SF

E

EnoughIsEnough

Registered Users (C)
RD at SFDOL: 3/28/2002
DOT: 999.151-051

Received notice dated 4/8/2003 giving 3 options:
1. Withdraw
2. Remand to state
3. Re-test market

Going with option 3.

Good luck to all others!
 
This really pisses me off.

Does DOL base its decision to deny a case on the date they process the application, or the date it was originally filed with the state?

Just because these morons take years to get to processing an application doesn't mean they should be basing their decision on the labor market as it stands right now. Its their damn problem and I don't see why people should suffer because of it.

My LC was originally filed in August 2001. It got transferred to the regional in June 2002. The labor market favoured labor certification approvals in August 2001 considerably more than it does right now. If my LC comes back with a decision to retest the market then its doubly unfair because in theory I could be replaced... once again because they screwed up!

I'm going to go and break something. Maybe I'll feel better.
 
You are right. It is their fault that they take so much time. I applied in July 2001. It has been alomst two years since then. Obviously market situation is much different than that time.

It feels so bad.
 
My lawyer says that is not a good route. However, I do not clearly undrestand the consequences of selecting option 2. Apparently, it takes more time. Option 3 should be first try. If DOL is not satisfied with market re-test, option 2 automatically comes into action.
 
My employer choose to withdraw the case. We are in the IT industry. They don't want to retest the job market and do a NOF rebuttal, they think that retesting the job market will result into a lot of qualified US workers to apply and they can't justify the rebuttal. They don't want do remand to state either, instead, they withdraw the RIR case, raise a bit about the job requirement and file as a non-RIR case all from the begining. Of course, the company paid addition fee for a new application.
 
Yana

What is the difference between RIR and non-RIR?
If "do from the very beginning", will it take another two years?
 
yana:

When you say raise a bit in requirements, it is almost same thing as re-testing market (option 3). When a new ad is placed to re-test market, there would be some uniqueness in it. And one is not expected to get many responses for that.

I am surprised that your employer took that route.
 
Yes, it is going to take another 2-3 year.

The job is software engineer. The attorney indicates that you can not raise the requirement for Remand to state, you can only lower the bar so the US persons can meet the reqirement.

It is pity that the company would rather pay extra $$ to file a new LC case rather respond with rebuttal to the NOF. The company did mention that it is fine me to file another RIR case, but that will require another 6 month recruiting, while you can file non-RIR case right away. Nowadays, it is hard to see a difference between a RIR case from a non-RIR case ...
 
EnoughIsEnough

are you sure employer can run the add with bit uniqueness in it. I heard that additional add should 100 % reflect previous RIR adds.

I also heard taht there is one exception , if employer went for very generic adds to recruit mutiple positions with various skill sets in past then there will be little advantage to justify your skill set for job. for example in old adds employer may listed just "Software engineers" or " programmers", nothing else. In this scenario DOL will look labor certification application for skill set matching , but still employer can justify requirement since applicant cannot show all related exp and skill set information in labor certfication application .

please share your ideas.

thanks
VCB


When you say raise a bit in requirements, it is almost same thing as re-testing market (option 3). When a new ad is placed to re-test market, there would be some uniqueness in it. And one is not expected to get many responses for that.

I am surprised that your employer took that route.
 
Just called the attorney. She said the additional ads should be 100% the same as what is filed before. I mean anything which is not mentioned in the former documents can NOT be added to the ads.

The attorney said DOL is more restrict now, especially for the software engineer cases from BayArea.

Any successful case about this recently?
 
vcb

My attorney says that there is a provision to change the job requirements in original application. And that is what is going to be used. So they will change the requirements in original form, place an ad, get the responses for that ad after two weeks and justify my selection (because ad will have some unique requirements).

Any comments on this?
 
Any comments on the following:

1. The letter mentions to explain why US workers were not qualified? Does US workers here include US citizens only or GC holder too?

2. Is it ok is the ad is run in a newspaper? and How long should the ad be run? Is there any number of days specified or recommended?
 
EnoughIsEnough,

Its good to hear that you can change some information in application. let us know about developments in your case, so it may be helpfull for others too.

Good Luck

VCB
:)



My attorney says that there is a provision to change the job requirements in original application. And that is what is going to be used. So they will change the requirements in original form, place an ad, get the responses for that ad after two weeks and justify my selection (because ad will have some unique requirements).

Any comments on this?
 
See my comments below:

Any comments on the following:

1. The letter mentions to explain why US workers were not qualified? Does US workers here include US citizens only or GC holder too?

-- In my view, it means both.

2. Is it ok is the ad is run in a newspaper? and How long should the ad be run? Is there any number of days specified or recommended?

-- According to my attorney, ad should be placed in a newspaper in the area of intended employment. It's ok if the ad is run for a day (eg Sunday). As per DOL letter, at least 2 weeks should be allowed to people after placing the ad.
 
My attorney told me that even if we file the re-test market result, it is still possible not to get approval.

So bad time.

Guys, please share your info from the attorneys.
 
Does all NOF has layoff in last 6 mon?

If the company has layoff in last 6 months, what dol will do?
 
Has any one got approved after replying to such a (re-test market) notice from DOL?

What would the response time from DOL when we reply after testing the market?

My attorney says if you have enough experience or may be MS degree, you might have better chance than no experience...
 
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