RIR/LC Reject in NY, needs advise, pls

M

maxie

New Member
I posted this under the NY LC thread, but I am just so frustrated after 2.5 years of waiting.

RIR submitted in June 2001 in New York, now it came back rejected. according to the lawyer, my company has to re-run the hiring process and my case CANNOT be filed until after 12 months!!! --- that is, if no one was hired again.

Can anyone has same experience share your information? Is there a chance to speed up this process? Is there a way to appeal? I almost went crazy on the news. But it might be good for some people since it might be an indication that NY started processing after April cases, but don't take my word for it.


Any suggestion is greatly appreciated!
 
MAXIE.

SORRY TO HEAR ABT THAT.

PLEASE ADVISE THE REASONS FOR REJECTION IF ANY GIVEN BY THEM..

THIS WILL BE HELPFUL FOR OTHERS TO AND BE PREPARED.
 
sorry to hear this but YOU CAN APPEAL

most probably it would have been rejected because you applied your labor in June 2001 after which market is too bad and there were many layoff and they would have given reason that the advertisement is too old for the current situation. ofcourse its THEIR mistake or problem that they took this time to take your case. dol normally would not straightly deny a labor but instead they will remand it to state and ask your employer to file the advertisement again. YOU CAN APPEAL. second reason might be that your company should have had layoffs in the past particularly in the same position which will disqualify your company to file in rir for specified period of time.

talk to your lawyer and try to get the reason and file an appeal. this might be helpful. if even this is not helpful then file labor from different state using different employer as backup.
 
Re: sorry to hear this but YOU CAN APPEAL

Originally posted by saigc
dol normally would not straightly deny a labor but instead they will remand it to state and ask your employer to file the advertisement again. YOU CAN APPEAL.
Click to expand...

I haven't talked to our lawyer yet. But from what I heard from HR, it looks like DOL is demanding my employer to re-run advertisement. But I don't know why I have to wait 12 months to reapply and if I re-apply will I have to start all-over again? (meaning: waiting for another 2.5 yrs?)


if even this is not helpful then file labor from different state using different employer as backup.
Click to expand...

Can you please elaborate on this? How can I file using a different employer as backup?

Thanks for the reply.
 
I haven't talked to our lawyer yet. But from what I heard from HR, it looks like DOL is demanding my employer to re-run advertisement. this sounds like your labor is not denied as of now but instead remanded to the state to request your employer for more job advertisement But I don't know why I have to wait 12 months to reapply and if I re-apply will I have to start all-over again? (meaning: waiting for another 2.5 yrs?)
RIR labor process requires your employer to file the job advertisment prior to filing the labor and your company shouldnt have had layoff in the past 6 months. depending on the state the job advertisement filing requirement can be between 1-6 months. you might have to wait for another 2-6 months for JUST advertisement, interview, documentation etc. and then your labor will/might resume.


How can I file using a different employer as backup? you can file labor with another employer as the greencard is for the future job. and there is no limitation on number of employers filing labor for you. if you have good contacts then you may pursue this.
 
Need Help: urgent!!!

URGENT: NEED HELP!!!!
My case was Remanded back to employer on Nov-18, 2003.

I called my attorney and here is his reply.

"The remand notice from DOL requested a recruiting synopsis with a list of all applicants and their reason for disqualification. Based on the advertisements comp-X has placed through newspaper and Internet postings"

Attorney says, it would not be feasible to list all of the
hundreds, if not thousands, of applications comp-x has
received and explain why they were ALL not
qualified for my position.
He says, he will wait for a month and request to reconsider.
I am not sure if that is a right approach.

I am really worried. Anybody who had this problem in past?
Any thoughts or Ideas?
please send your feedback/input ASAP.......

ATL Recd Date: Dec-4,2002
DOT Code: 039.162-010 (RIR)
 
If you readvertising, it only takes about 3-4 months. The only drawback is that it's under DOL supervision, so you can't hide anything. Besides, you manager has to really cooperate.

If your lawyer try to rebut, make sure he/she dosen't use too many responds as an excuse for not properly documenting all cases.

If there are really thousands of responds for your position, someone will surely qualify. Although we never met, I'm quite sure you are not that kind of once-in-a-life-time genius ;)
 
It can be due to a poorly worded AD-s. Something like: "Need a Computer Guy" would probably attract thousands of people.
 
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