Remanded Cases to California SWA - Any Updates

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naikvivek

Registered Users (C)
My case was remanded from DOL to SWA in May 2003. My LC receipt date was in first week of July 2001. I did not receive any 45 day letter yet.

Did anyone get any correspondence for their cases ? If you are or were in same boat and got some response, please reply with some information. So that, I can understand my position better
 
You might have received 45 day letter

These cases are getting 45 DL from BPC. I guess you might have received it around 10/24/05

I'm also from 7/2001 and just responded to 45 DL
 
Thanks a lot sure2get ...

I got 45 day letter from Dallas BEC around October 10, 2005.

Remanded case having priority date July 2001.
 
45 DL Recd. and replied

Mine was remanded.. please check the signature for details.

naikvivek said:
Thanks a lot sure2get ...

I got 45 day letter from Dallas BEC around October 10, 2005.

Remanded case having priority date July 2001.
Click to expand...
 
45 day letter recd and replied

Finally some news.. Remanded CA case
45 day letter recd 10-25, replied 10-28
---
PD - Dec 2001
Don't know Dallas Case Number but it is with Dallas BPC per company Lawyer.

Now what?
 
nonewsyet said:
Finally some news.. Remanded CA case
45 day letter recd 10-25, replied 10-28
---
PD - Dec 2001
Don't know Dallas Case Number but it is with Dallas BPC per company Lawyer.

Now what?
Click to expand...


When does a case get remanded? Can you share why your case was remanded? At state level the department had some prevailing wage questions on my case. The lawyer responded and also spoke with the analyst assigned to my case. The analyst said that she forwarded the case to regional with her comments for them to make the final determination……
 
Basically it's bad luck that gets a case remanded. It happened mostly in CA dol at that time.
To cut the long story short.. mind you the case was filed in 2001. My case was initially filed as RIR. Made it to regional. In a case that is filed as RIR the advertisement is very generic. When it came for review in Regional the DOL sent a letter to the company and lawyers (there are lot of CA cases who got such a letter, some were auto remanded, meaning cases got back to state SWA without asking for any clarifications from the company) as to why this case should continue blah blah due to changes in regional economy from the date that the case was filed (2001) to the date when it came to review (2003-4), asking the company to either readvertise now or send it to SWA for DOL assisted recruitment. (there were 2 more options it was called a 4 option letter, one other option was to withdraw, i don't remember the 4th) My company policy was that in cases where they received such a letter they would send those cases back to SWA. So the case went back to state SWA.

Now it will go thru the route of re advertising etc.. so when our cases will finally be reviewd/approved I have no clue.

Since your case made it to regional you are in a better shape.

UG. said:
When does a case get remanded? Can you share why your case was remanded? At state level the department had some prevailing wage questions on my case. The lawyer responded and also spoke with the analyst assigned to my case. The analyst said that she forwarded the case to regional with her comments for them to make the final determination……
Click to expand...
 
nonewsyet said:
Basically it's bad luck that gets a case remanded. It happened mostly in CA dol at that time.
To cut the long story short.. mind you the case was filed in 2001. My case was initially filed as RIR. Made it to regional. In a case that is filed as RIR the advertisement is very generic. When it came for review in Regional the DOL sent a letter to the company and lawyers (there are lot of CA cases who got such a letter, some were auto remanded, meaning cases got back to state SWA without asking for any clarifications from the company) as to why this case should continue blah blah due to changes in regional economy from the date that the case was filed (2001) to the date when it came to review (2003-4), asking the company to either readvertise now or send it to SWA for DOL assisted recruitment. (there were 2 more options it was called a 4 option letter, one other option was to withdraw, i don't remember the 4th) My company policy was that in cases where they received such a letter they would send those cases back to SWA. So the case went back to state SWA.

Now it will go thru the route of re advertising etc.. so when our cases will finally be reviewd/approved I have no clue.

Since your case made it to regional you are in a better shape.
Click to expand...

Thanks for your input. I am keeping my fingers crossed. Based on the information in the tracking sheet, I should hear from DBEC in a week to 10 days.
 
how remanded cases will be handled

Based on the criteria for remanding cases due to job market being not good during the time of adjudication of 2003 period some of the LCs with a level of RIR requirment criteria of just M.S or less than B.S +3yrs got remanded.

Now in this adjudication period of 2005-2006 where the job market is good such that similar criteria of RIR LC is getting approved as we are seeing in BEC, will our remanded LC (previously RIR) be treated again as RIR or in anyway be processed without request for adv or recruitment. seems logical to assume it should be again processed without adv or recruitment like RIR since the same application if processed now will definitely be processed as RIR.

If anybody with any further that 45 DL have received any response please give us some info or if somebody's lawyers have some definite or approx approach please post some info. Thanks in advance.
 
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