Labor Processing's extra advertisements??

H

hello_jc

Registered Users (C)
hello all,

my 'employment-based' green card case was started couple of yrs. back in new york city, in a way that the employer would hire me once they file + get me a green card. After 2 years of waiting, now the labor dept. says that "3 more advertisements" should be placed in the newspaper and they will be directly supervised by the labor dept.

Does this mean that the process cannot go through, becuase they will find some candidate and say that he/she should be replaced for me.

"also, if the labor dept. is doing this now, does that mean that green cards through employment is a history now??"

please suggest what should I do.

thanks.
JC.
 
sorry for that bro...
we cant say any judgement right now at this situvation ..
Why dont you find another employer and file for a new Labour from fast approval states .. That way you can survive .. Make it fast dude ..
Originally posted by hello_jc
hello all,

my 'employment-based' green card case was started couple of yrs. back in new york city, in a way that the employer would hire me once they file + get me a green card. After 2 years of waiting, now the labor dept. says that "3 more advertisements" should be placed in the newspaper and they will be directly supervised by the labor dept.

Does this mean that the process cannot go through, becuase they will find some candidate and say that he/she should be replaced for me.

"also, if the labor dept. is doing this now, does that mean that green cards through employment is a history now??"

please suggest what should I do.

thanks.
JC.
Click to expand...
 
it is hard to say anything conclusive from the info provided. Is your case remanded to state and should be processed as Regular? Or DOL is just asking for several extra advartisements? In latter case, things are not that bad, your laywer might help you with those AD-s and the case could still go on.

I think, you need to find out exactly the state of your case in proper terminology and post it here.
 
One of my friend who had LC pending in NY had to go through similar experience. After two year of wait DOL came back with the same request i.e. repost the advertisement. After reposting advertisement in New York post, they received couple of resume. They started the recruitment effort by sending letters in certified mail. After receiving response, employer rejected all the candidates based on experience/education and few based on not responding.

In July 2003, looking at employer second recruitment process, Certifying Officer at NY DOL issued another NOF asking for reason why one of the candidate XYZ was rejected having 15 years of experience. Lawyer responded back by saying that candidate failed to show interest in the offered position after contact. Employer had phone records and copy of letters mailed to candidates to prove that they genuinely tried to find QUALIFIED and WILLING candidate.

Lawyer defense was based on WILLING clause. He responded by saying that looking at the resume candidate XYZ might be QUALIFIED but he failed to show up for interview and XYX never gave us chance to evaluate his experience/education. LC was approved sometime back in Oct 2003.

BTW, it was for Accountant position requiring 1 year of experience and bachelors in Accounting.
 
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usnycus,

Pardon me for a stupid question, but, these kinds of requests (reposting AD) is true for RIR only, true? I wouldn't think how SESA would requeste it for non-RIR, since it(SESA) "supervises" the effort itself.
 
Hexamon,

I think you are right.

It sounds strange but looking at the difference in date from the time SESA approves the case and Regional DOL gets chance to have a look, I won't be surprise if regional DOL want to retest the market.

I know it's not fair for the person who is waiting for LC but nothing we can do about that if DOL decides to go through that path.
 
hello usnycus,

thanxs for the info. about u'r friend's case. is it possible to get this person's contacts?, maybe just an email address?

i'd appreciate it.

thanxs.
jc.
 
hello_jc,

Let me check with the person before I do so.

Also send me mail regarding your contact information.
 
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