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

[unclear]

Folks,

I believe I might get a pre-approved labor certification from a company I am planning to join in the San Francisco bay area.

Could someone tell me what the risks are in a labor substitution? Also, does it stop me from concurrently applying for I-140 and 485?

Any input will be highly appreciated.

Thanks,
Suchax.

Hi, suchax, I think your case is absolutely legal. You are very lucky!

 

[mnhrdc]

Dont take this as advice

My friend who substittued the preapproved lc said that he needs to wait for 140 clearance( Appx it took around 4-6 months). before apply for 485.

Check witha an Attorney.

-mnhrdc

Hi, suchax, I think your case is absolutely legal. You are very lucky!

 

[HopeAlive]

questions about 3 options/NOF etc.

Well, some of the recent messages on this thread have started to worry me a little. I have an labor application filed under RIR. I am working with a small storage networking company as a system software engineer - 032 DOT code. I checked with my lawyers and the application has been filed under EB2 with MS + 1yr 11mths experinece. There have not been any layoffs. What do you think the chances of getting a labor approval are?

Also, I have been watching this thread for past dew weeks, so I have a vague idea about 3 option letter, etc. However, where can I find more information about 3 option letter, NOF, RFE (don't even know what that means)? If anyone can explain these things in a layman's words, that would be helpful too.

Thanks.

 

[csrini1]

I got 3 option letter on 5rd Jan 2004, replied before 5th mar 2004, nothing happend after that. DOL RD 03/09/2002 (031, 095-314xx). Do you guys have any info what will happen to these cases?

mostly should be approved.

 

[csrini1]

Well, some of the recent messages on this thread have started to worry me a little. I have an labor application filed under RIR. I am working with a small storage networking company as a system software engineer - 032 DOT code. I checked with my lawyers and the application has been filed under EB2 with MS + 1yr 11mths experinece. There have not been any layoffs. What do you think the chances of getting a labor approval are?

Also, I have been watching this thread for past dew weeks, so I have a vague idea about 3 option letter, etc. However, where can I find more information about 3 option letter, NOF, RFE (don't even know what that means)? If anyone can explain these things in a layman's words, that would be helpful too.

Thanks.

why r u worried, u cleared the first hurdle in the sense that your case was applied with ms+1 yr!! cool, relax.
MS+0 yrs exp, then MIGHT HAVE BEEN TROUBLE.
YOU SHOULD NOT WORRY.

 

[csrini1]

Sorry to hear that. AVM message says NOF issued in my case. Wondering what the NOF for? Haven't heard anything yet from Attorney.
What is the AVM message in your case?

Thanks,
s_aich

As people mentioned in the forum before, for 3 option cases AVM says that the case has been rcvd.

 

[csrini1]

CSrini:

I received a 3 option letter too... What qualifications and experience did you show in your app?? I am wodering if Carsons Memo is being applied or not

I am betting they are strictly going by carlson memo. meaning certify if BS+ 3yrs or MS+6 months, IF NOT3 option letter, i dont know when they are issuing NOF.

Even though i have ms+8 yrs, they applied with ms+0 yrs, telling me that it is a standard procedure. now i guess i have to wait for 5-6 yrs, for my turn in the regular queue as my case will be moved to that queue.

 

[jack144]

These lawyer suck.... I have MS+4 when I applied...Now MS+6.

So what option did you go with?

I am betting they are strictly going by carlson memo. meaning certify if BS+ 3yrs or MS+6 months, IF NOT3 option letter, i dont know when they are issuing NOF.

Even though i have ms+8 yrs, they applied with ms+0 yrs, telling me that it is a standard procedure. now i guess i have to wait for 5-6 yrs, for my turn in the regular queue as my case will be moved to that queue.

 

[buddha2004]

I got 3 option letter on 5rd Jan 2004, replied before 5th mar 2004, nothing happend after that. DOL RD 03/09/2002 (031, 095-314xx). Do you guys have any info what will happen to these cases?

Case Num Date Diff
--------- ----------- -------
095314xx 03/09/2002 bucs2004 case number is
09546572 02/10/2003 So Dol received about 15000 cases in 11 months

09589xxx 05/06/2004 My case number. Difference is 42500 for 15 months.
Does this mean that they have receive 42500 cases in 15 months.

Does anybody have any idea how many cases they process on an average per day/week/month ? How many years is a person suppose to be waiting for Labor Certification ? After 3 years in computer technology the skill is already outdated, I think the Labor department is dumb, if they think that they should use 3 year old requirement and asking people to readvertise and send them 3 option letter. I was overqualified for my initial requirements, after 3 years I only gained more expirance and knowledge. What does the DOL think after applying for LC our brains go to sleep. Somebody needs to give the DOL a knock on their heads and ask them to wake up and do some work.

 

[bucs2004]

I got 3 option letter, AVM says "Returned by the state after a remand on 01/05/2004"

 

[bucs2004]

As people mentioned in the forum before, for 3 option cases AVM says that the case has been rcvd.

I got 3 option letter, AVM says "Returned by the state after a remand on 01/05/2004"

 

[wassup]

I am betting they are strictly going by carlson memo. meaning certify if BS+ 3yrs or MS+6 months, IF NOT3 option letter, i dont know when they are issuing NOF.

Even though i have ms+8 yrs, they applied with ms+0 yrs, telling me that it is a standard procedure. now i guess i have to wait for 5-6 yrs, for my turn in the regular queue as my case will be moved to that queue.

Seems like all things DOL, it is random. A few days ago somebody had mentioned that his LC was approved even though it was a BS+0 case. The DOT code was 999.172-072. Csrini, what is your DOT code

 

[PDmay2002]

I think only 031 and 032 cases are being applied to by the carlson memo (less than BS+3 or MS+0).. All other DOT codes are getting certified..

 

[pran10]

William Carlson "RIR Processing" Memo (11/2003) (US DOL)

hi,

My husband joined a bay area company( big hardware company with recent layoffs) as a circuit designing engineer in December 2001. When he joined that company he has MS+0Years Exp.

His Company applied for green card in December 2002(exp mentioned in GC filing is MS+0 Years) and It went to regional on November 7th 2003.
What are the chances of DOL applying Carlson memo rule to our case.If they apply that rule and remand our case to state again.. how long will it take to get the LC certified.

Right now I have MS+2.5 Years EXP .. and I am working as contractor in Software field. Is it advisable to start my own green card processing with out waiting for my husband's GC.

Company law firm dinn give our CaseNumber or DOT code.. how do I know our case Number and DOT code

Thanks in advance
Pran

 

[ArunK2004]

Can some body please clarify why Carlson memo is applied only to 031 & 032 cases ? Is this stated somewhere to be the case.

Also, in the DOT code, how are some applications in 031 & 032 ?

Thanks
Arun

 

[dask_1]

Case Num Date Diff
--------- ----------- -------
095314xx 03/09/2002 bucs2004 case number is
09546572 02/10/2003 So Dol received about 15000 cases in 11 months

09589xxx 05/06/2004 My case number. Difference is 42500 for 15 months.
Does this mean that they have receive 42500 cases in 15 months.

Does anybody have any idea how many cases they process on an average per day/week/month ? How many years is a person suppose to be waiting for Labor Certification ? After 3 years in computer technology the skill is already outdated, I think the Labor department is dumb, if they think that they should use 3 year old requirement and asking people to readvertise and send them 3 option letter. I was overqualified for my initial requirements, after 3 years I only gained more expirance and knowledge. What does the DOL think after applying for LC our brains go to sleep. Somebody needs to give the DOL a knock on their heads and ask them to wake up and do some work.

Fellow sufferers,
Till now this is my analysis.
1)Option 1 :As per Carlson memo BS+ 3yrs exp or MS+6 months mentioned in the advertisment .At that time if the particular candidate is infant also DOL will certify the case.
2)Option 2:If the ad is not as per the Carlson memo then one has to provide sufficient documentary evidence( eg submitting resumes applied for that particular job posting) why the submitted resumes were disqualified.MERELY MENTIONING THAT NO RESPONSES WERE FOUND FOR THIS PARTICULAR JOB POSTING WILL NOT SUFFICE.The unemployment rate is now 5.6% so DOL is the last to believe that no resumes were submitted.
Guys, Law works in documentary evidence and not by speculation and assumptions done by the comapanies and the lawyers.One has to obey the law and act accordingly.Please remember that the certifying officer has to log the reasons for the certifying as well as not certifying .They are simply following the charter which they have been given for processing the RIR applications.

Please note this is not a lawyer's advice this is my own speculation and analysis.

 

[sbabunle]

Hi, suchax, I think your case is absolutely legal. You are very lucky!

I got a similar kind of offer. I didnt take it cuz my labor from present company
almost current. ( I got it now ) But I verified the offered labor with an attorney and attorney pointed out some problems.

1. Work location is written as company location. But its a consulting company so that could be a prob
2. Education is just "Bachelors".....lawyer said me that it should be
"Bachelors or equivalent"
2. Salary in the labor and offered salary were not same...this is minor.

You ne'er know my friend. Its all luck. The bottom line is
Without risk there is no potential gain.

good luck to you.
babu

 

[Dilbert_Cal]

hi,

My husband joined a bay area company( big hardware company with recent layoffs) as a circuit designing engineer in December 2001. When he joined that company he has MS+0Years Exp.

His Company applied for green card in December 2002(exp mentioned in GC filing is MS+0 Years) and It went to regional on November 7th 2003.
What are the chances of DOL applying Carlson memo rule to our case.If they apply that rule and remand our case to state again.. how long will it take to get the LC certified.

Right now I have MS+2.5 Years EXP .. and I am working as contractor in Software field. Is it advisable to start my own green card processing with out waiting for my husband's GC.

Company law firm dinn give our CaseNumber or DOT code.. how do I know our case Number and DOT code

Thanks in advance
Pran

In my opinion, you should go ahead with your Green Card processing in parallel - in case your husband's case gets through labour , you can drop your case and join him , else you will atleast go faster with RIR ( assuming you will file RIR ) processing or atleast be eligible for PERM ( if and when it comes )

 

[csrini1]

In my opinion, you should go ahead with your Green Card processing in parallel - in case your husband's case gets through labour , you can drop your case and join him , else you will atleast go faster with RIR ( assuming you will file RIR ) processing or atleast be eligible for PERM ( if and when it comes )

you should apply in rir and with experience as MS+ 2 yrs. nothing less. dont take lawyers word if they say it is standard to apply with ms+ 0 yrs or something like that. be adamant about ur experience. dont waste another minute waiting to apply for ur LC.

 

[csrini1]

Can some body please clarify why Carlson memo is applied only to 031 & 032 cases ? Is this stated somewhere to be the case.

Also, in the DOT code, how are some applications in 031 & 032 ?

Thanks
Arun

carlson memo is applied to all rir cases, mine was code 061.