LC remanded without going through regional office

[tadz]

My RIR LC was filed with California SWA in July 2002. In Dec 2003 the lawyer told me that my case was remanded for regular processing. Recently I began to doubt the lawyer's words and asked them for more details, such as when the case moved to the regional office and the exact time it was remanded. The lawyer said that my case was remanded to regular processing by the SWA without ever going through the regional office.

Do you know any similar cases? My understanding is that the process is the DOL gives the employer three options and remanding is a decision made by the employer. But it seems in my case neither DOL nor the employer was involved. What is going on here?

My company's policy does not allow us to know the case numbers so the lawyer can say whatever they like about case statuses. Are they lying?

Thanks,
tadz

 

[usnycus]

Following four are qualifying criteria for LC petition:

a) The Employer must hire the foreign worker as a full-time employee
b) There must be a bona fide job opening;
c) Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the worker's qualifications. In addition, the employer shall document that the job opportunity has been and is being described without unduly restrictive job requirements, unless adequately documented as arising from business necessity.
d) The employer must pay at least the prevailing wage for the occupation in the area of intended employment.

If SESA/SWA has doubt on any one of the above they can remand the application back to the employer for correction.

My RIR LC was filed with California SWA in July 2002. In Dec 2003 the lawyer told me that my case was remanded for regular processing. Recently I began to doubt the lawyer's words and asked them for more details, such as when the case moved to the regional office and the exact time it was remanded. The lawyer said that my case was remanded to regular processing by the SWA without ever going through the regional office.

Do you know any similar cases? My understanding is that the process is the DOL gives the employer three options and remanding is a decision made by the employer. But it seems in my case neither DOL nor the employer was involved. What is going on here?

My company's policy does not allow us to know the case numbers so the lawyer can say whatever they like about case statuses. Are they lying?

Thanks,
tadz