Philadelphia Regional DOL Tracker - Old (Archived on 09/23/2004)

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Here are my answers to your questions...


Those who got the NOF or "remanded to employer":
1. If its from Delaware, Do your company has a working Office in DE?
==> YES. It's from Delaware. No, my company doesn't have any working office in Delaware

2. SESA Recieved date, DOL recieved date?
==>SESA Receive date: 02/19/2003
DOL Receive Date: 12/10/2003

3. Any layoffs in your company in the last 1 year?
==> No

4. Do you have bachelors degree + 3yr experience or Masters +6 months experience?
==>Yes

5. If you have recieved the query, What are they asking for?
==>They are asking 19 questions. All are relating to company, including...Office space lease agreement, Tax records, pay roll records, etc.

6. Is your query concerning the office location in Delaware? Where is the company's head quarters?
==>Yes...head quarter is in NJ.

7. Is your company using a virtual office?
==>Yes. Small office with one computer.

8. Did your employer recieved any approved labours in the last 6 months?
==>Yes.

Thanks
 
Re: Re: To Find the exact problem:

Sure. Co. names are under Name column. When did you Co. get the NOFs? The data we have here doesn't seem to be current. May be the extract is few weeks old!


Originally posted by zzzyyy
PradK,
Nice job on the excel sheet!
I know some of the cases from my employer have been issued NOF. I dont find them in excel sheet.. It would be really useful if you have the company name also in the excel sheet..

Thanks!
Click to expand...
 
decPhils Reply.

From decPhils reply, it seems that the Philly DOL sent the NOF as soon as it recieved it from the SESA. His application is recieved in DOL in december. So they are surely doing something with the DE cases.

decPhil, can you please tell us each of the 19 questions they are asking for?

Since your company has an office(though its small) there in Delaware and payrolls are running - hopefully there wont be any issues if the employer answers to the queries properly. If its a virtual shared office, then the employer may have to provide some evidence to show that the business is running in the Delaware office. Hopefully everything will be fine.

Experts please suggest your openions so that it may be helpful to those who recieved NOF.

Rincytom.
 
PradK,

If I recollect correctly,
According to the AVM, a case that was filed before september got a NOF. Many cases from my company are still in received status (including some received in April). It is pretty confusing.

I hope that the Phily DOL people realize that they are playing with the lives of so many young people like us who have worked diligently in this country..

Can we sign a petition and send to DOL through proper channel (through Mr. Khanna for example)? We need to clearly know the legal aspects of having a name-sake company in DE and is it legal for DOL to object to that. I'am just throwing a wild idea..
Any thoughts.. comments...

Thanks!
 
Hi zzzyyy,
To be a legal company in any state:
1. The company should have a phisical location(it could be a small office with 1 table and 1 computer as long as the company has only consulting employees). It can be a room in home even..does not matter. If its a shared office, the employer may need to explain the reason if asked.
2. The company should properly pay taxes and other regulatory fees in the sate.
3. The company should have recent contracts with clients/customers.
4. It would be good to have atleast one payroll running in the sate(If the employees are working in different states in those state payrolls - as consulting employees, you can explain that if they ask.).
5. If the person whom the company is filing is H1, it is good to have the H1 thru that company(office in that state).


Note: These are the information I got by talking to my lawer and few other friends, from the forums simillar to this. Please write your views on the same.

Rincytom.
 
Check this link guys...

http://www.oalj.dol.gov/public/ina/refrnc/dbtc.htm

zzzyyy and all,

I am more than ready to participate in any such initiative. Let us see what others say.

But, I believe I may have read (Murthy bulletin most likely); while the recent centralization initiatives help most backlog DOLs it might result in in delays in DOLs (like Phily) which were pretty good until last Sep/Oct. Since we don't know what is going on we are confused and frustrated. If you call (215) 861 5280, you reach a voice mail that is dated May, 2003. Worst than what I have seen before...

On the optimistic side, I am thinking thats what is going on with the delays. But we need better information than that. Question is how to get that?

Thx,
 
Aug 03 case certified

Hi guys,
Wanted to share this info with you, my friend's case received in DOL on Aug 11th 2003 in non-RIR was certified.

DOL recpt date : Aug 11th 2003

Certified dt : Jan 30th 2004


Best of luck to all who are waiting.

Thnks
 
PradK
That was a good link.
Some interesting parts of the link..

Absence of physical plant, employees or current business activity

An entity which has no employees, sales, physical location or imminent plans to begin business, and whose commencement of business activity is wholly contingent upon certification of the alien, is not an "employer" under § 656.50, because there is no offer of full-time work or "location within the United States to which U.S. workers can be referred for employment." Artdesign, Inc., 89-INA-99 (Dec. 5, 1989); see also Gerata Systems America, 88-INA-344 (Dec. 16, 1988).

C. Plans for business expansion

If an entity proves that it has definite plans for business expansion, and that the expansion will generate full-time, permanent work, then the entity may meet the definition of "employer." Although no such cases have arisen in the context of § 656.50, several business necessity cases suggest this result. See Chapter 32, VI, E (Business Necessity), discussing Remington Products, Inc., 89-INA-173 (Jan. 9, 1991) (en banc); Clifton Warner & Associates, 90-INA-183 (Sept. 9, 1991); Cable Car Photo and Electronics, 90-INA-141 (June 5, 1991); Advanced Digital Corporation, 90-INA-137 (May 21, 1991).

D. Mailing address and telephone number

A mailing address and telephone number do not establish the existence of an "employer" where the petitioner has no employees, sales, physical location or imminent plans to begin business, and the commencement of business activity is wholly contingent upon certification of the alien. Artdesign, Inc., 89-INA-99 (Dec. 5, 1989); see also Gerata Systems America, 88-INA-344 (Dec. 16, 1988).




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Another interesting section on changing employers
II. Change in employers

A. When a new application is required

In general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage. Id.
 
NOF Issued

Mine case recieved a NOF on Feb 3but till now my lawyer didnot received any letter or the reason for the NOF from the DOL ..

Guys can u please help me how much tim did it take for those u got NOF to get the info to the Lawyer....

just keeping my fingers crossed hope it's nothing serious .Already I got a query in the state level regarding the Prevailing Wages.
Now this one.....
 
Only God knows...

Hi Guys,
I see that catch_22_4_GC whose Philly DOL date is Nov and got approved. And many from DE such as DecPhil's DOL date is of Decemeber and got NOF. And there are people still with July, August and October with not decisions yet.

What do you suggest? Is it because some recent applications are tranfered to Boston or some other DOL to speed up the process?
Seems like they check the application on a first glance as soon as they receive it from the SESA.

Only God knows what is going on....
 
Re: Aug 03 case certified

Harrisburg012,

Convey our greetings to your friend.
Could you please share your friend case information.

Like DOT Code, Category(EB2 or EB3) and State etc.

Thanks

AwardMyGC

Originally posted by harrisburg012
Hi guys,
Wanted to share this info with you, my friend's case received in DOL on Aug 11th 2003 in non-RIR was certified.

DOL recpt date : Aug 11th 2003

Certified dt : Jan 30th 2004


Best of luck to all who are waiting.

Thnks
Click to expand...
 
NOF Issued :(

I also got NOF on my case (EB2 RIR) :( . Response is due by Mar 9 . It moved from DE SESA to Phily DOL on Dec 17 2003 .
I have not yet heard from my lawyer what NOF is about but I beleive its going to be regarding my Company's office in DE. I checked almost all cases (about 20) from my company are in NOF state :( . Not Sure if this is resovable .

Does anyone know if there will be any issues due to NOF as I am about to file for 7th year extension on basis of this Pending labor which is now in NOF state?

Anyone has experience on how long it takes them to decide on the case ones Lawyer responds back to NOF /RFE ?

--Sunny
 
hi indgc123

Thanks for the reply ... May be i should check with my lawyer today do u know what the NOF is all about and is it solvable or not
 
There are more than 15 cases of my company in Received state.
Curiosly, there is one case received on Dec 19 that has been issued NOF. Other cases seem to be not affected. Not sure what is going on..
 
My NOF is similar to others who received recently.

DOL is indicating that my company's head-quarter is not in DE and hence LCs cannot be filed in DE.They are also claiming that we have a virtual office in DE (not head-quarter) and head-quarter is in NJ.

To rebut the above statement, my employer has to submit the following...


1) DE office photographs,office square footage
2) Taxes for the last two calendar years filed in DE
3) Payroll record for all the employees from DE. etc.,
 
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My employer has also got the same query.....for all employees in my company who are pending in Philly DOL....total 16 ....

The response is due by Feb25. My lawyer is preparing response, I can update you all once it is done.

Thanks
 
Thanks indgc123for u'r reply .I called my Lawyer in the morning today he has not received anything till now ....

Hi decphil it would be great to know how u'r company answered the query.

I am worried becos i am in the same situation as all u guys regarding the office in DE.

Hope we all could find some solutions to get over it .

Thanks
Srini
 
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