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

Status
Not open for further replies.
Screwed up

Hi guys,
The knowledge of this forum far exceeds that of many immigration “lawyers”.
I was screwed up by one of such absolutely clueless of just sabotaging lawyer.
A long time ago when the whole LC process in CA took only 3 months I joined a company for a senior position. The requirements for the position were 7 years of experience. No problem for me as by that time I had about 15 years of experience. The lawyer did everything possible and impossible to fail such rock solid case. Finally she sent a LC application stating only 1 years of experience ignoring the fact that the company already did all necessary advertisements for 7 years requirement.
And as 7 years and 1 year is not the same the company had to advertise again. There were more unexplained delays. The time was lost and the processing time already was 2 years. Ok, nothing I could do but to wait and as you would guess got a 3 fingers letter: the requirements were too low. The lawyer advised the employer to start the process from the very beginning despite it was possible to remedy the situation by fixing the requirements. As far as I know DOL allows that. Now I am again in this line. I will not try to convey you all my frustrations: Instead of 3 months I have been waiting for 4 years and still do not see the end of the tunnel.
Does anyone of you know what can be done here?
Thank you.
 
California - Conventional : Does it make sense at all?

RIR : California SWA = 11 Months, SF DOL = 18 Months
Non RIR : California SWA - Still Stuck on April 2001, SF DOL = 20 Months

This is the approximately the current situation. Thanks to Gp111 who posted this in one of the responses.

My attroney and company are having a golden handshake and not accepting for to do RIR in California. I have tried a lot to convince them but they have went ahead and applied for Conventional LC in California. They fantasize about backlog reduction center and PERM etc. which I dont see greener.

Now. I wanted to understand from you guys if it makes any sense at all to start to wait in this conventional line. Is there any one in this forum who has applied for CA SESA after 2001 and got an approval.
 
I have a question regarding EB2 and EB3. Actually I joined a compnay in Oct 2000. Prior to joining this company I had 4yrs and 3 months of exp. with BS(Computer Sc).
My company filed my labor in EB2 and EB3 both in Mar 2002. EB2 case was transferred from state to DOL in feb 2003. Then my compay asked me to replace this EB2 with EB3 in DOL. It means EB2 case was withdrawn and EB3 was going on. yesterday my company's lawer told me that they got my EB2 labor approved. So I am not sure how come withdraw case got approved. Now my lawer is saying that filing 140 with EB2 may be risky as I had BS + 4 yrs and 3 months ex. (Not 5 yrs) before joining the company. But my question is it the 5 yrs exp. required before joining the company or before filing the labor? Also when EB2 case was filed on my behalf and its got approved by DOL...is there any chance of I140 deny reagarding EB2 issue?

I would really very thankful to u if anyone can provide these information to me.

Thanks
 
re: Question about PD and ND at I-140 stage

Hi guys,

1) Does anyone knows, if CIS processes I-140 and I-485 based on the RD of the application or based on the PD established by the LC ?
2) My Califronia LC PD is 4/10/02, I am guesssing it will get processed by Oct 10, 2004. is that an accurate estimate ?

Thanks in advance for your kind help.

********************
CA LC details:
PD: 4/10/02
RD at DOL: 3/31/03
EB2, RIR (BS+ 5 years)
Unix Systems Administrator
*******************************
IA LC Details: (Co. branch office)
PD: 10/6/03
DOL RD: 12/9/03
Certified: 7/16/04
EB3, RIR (BS + 2 years)
Unix Systems Administrator
*********************************
 
sunilg1975 said:
I have a question regarding EB2 and EB3. Actually I joined a compnay in Oct 2000. Prior to joining this company I had 4yrs and 3 months of exp. with BS(Computer Sc).
My company filed my labor in EB2 and EB3 both in Mar 2002. EB2 case was transferred from state to DOL in feb 2003. Then my compay asked me to replace this EB2 with EB3 in DOL. It means EB2 case was withdrawn and EB3 was going on. yesterday my company's lawer told me that they got my EB2 labor approved. So I am not sure how come withdraw case got approved. Now my lawer is saying that filing 140 with EB2 may be risky as I had BS + 4 yrs and 3 months ex. (Not 5 yrs) before joining the company. But my question is it the 5 yrs exp. required before joining the company or before filing the labor? Also when EB2 case was filed on my behalf and its got approved by DOL...is there any chance of I140 deny reagarding EB2 issue?

I would really very thankful to u if anyone can provide these information to me.

Thanks
Click to expand...


** There is no such thing like EB2 & EB3 at Labor Stage... EB Categories comes to picture when you apply for I-140.

** LC can be RIR or Non RIR... Number of years of exprience does not matter when you apply for RIR or non.

** You can file I140 in EB2 category if your LC requirements ware "Masters Degree" or " Bachelors + 5 Years".. otherwise EB3

** Experience counted in LC is the experience you have before you join the company filing LC for you.
 
alvin,

1) Does anyone knows, if CIS processes I-140 and I-485 based on the RD of the application or based on the PD established by the LC ?

*** Receipt Date of I-140/485.. nothing to do with Labor Dates.


2) My Califronia LC PD is 4/10/02, I am guesssing it will get processed by Oct 10, 2004. is that an accurate estimate ?

*** Yes if DOL continues to work at their current speed.
 
Thanks for the quick reply

Thanks for the quick reply, gp11,

I think you are right about i-140, but as far a I understand, I-485 is processed based on your Priority Date established at the time of filing LC.

Thanks

gp111 said:
alvin,

1) Does anyone knows, if CIS processes I-140 and I-485 based on the RD of the application or based on the PD established by the LC ?

*** Receipt Date of I-140/485.. nothing to do with Labor Dates.


2) My Califronia LC PD is 4/10/02, I am guesssing it will get processed by Oct 10, 2004. is that an accurate estimate ?

*** Yes if DOL continues to work at their current speed.
Click to expand...
 
alvin said:
Thanks for the quick reply, gp11,

I think you are right about i-140, but as far a I understand, I-485 is processed based on your Priority Date established at the time of filing LC.

Thanks
Click to expand...

I-485 is processed on VISA AVALIBILITY Date for Each Category. Nowadays it is CURRENT for all Employment Categories so It gets processed as per the receipt Date.. You can get further information in I-485 threads.
 
popoye said:
RIR : California SWA = 11 Months, SF DOL = 18 Months
Non RIR : California SWA - Still Stuck on April 2001, SF DOL = 20 Months

This is the approximately the current situation. Thanks to Gp111 who posted this in one of the responses.

My attroney and company are having a golden handshake and not accepting for to do RIR in California. I have tried a lot to convince them but they have went ahead and applied for Conventional LC in California. They fantasize about backlog reduction center and PERM etc. which I dont see greener.

Now. I wanted to understand from you guys if it makes any sense at all to start to wait in this conventional line. Is there any one in this forum who has applied for CA SESA after 2001 and got an approval.
Click to expand...

rather than applying in non-rir, u r better off applying from some other state.
It looks like April 2001 will take another 4-5 years to finish according to my lawyers.
 
Where can I find list of Documents for 140/485?

My RD is 03/03/2003,
DOL: 999.151-031
case no. 09548xxx

I a hoping my case would get certified in next 2 weeks. So thought will get the paper work started for 140/485. Where can I find details on list of documents I should keep ready for next step?

Thanks
Anita
 
anitar said:
My RD is 03/03/2003,
DOL: 999.151-031
case no. 09548xxx

I a hoping my case would get certified in next 2 weeks. So thought will get the paper work started for 140/485. Where can I find details on list of documents I should keep ready for next step?

Thanks
Anita
Click to expand...

Anita,

You will need

1) Original Birth Certificate - If you don't have original BC, you will need affidavits from two persons (your parents, their friends, relatives etc) saying you ware born on that day.

2) Medical Examination : get Form I-693 (http://uscis.gov/graphics/formsfee/forms/files/I-693.pdf) & get your self examined by INS approved doctor.

3) Employment / Experience Letters

4) Marriage Certificate if applicable

5) Name Change Documents if applicable

6) Your last three W2s & few Pay Stubs (not a must but may be required)

You can find further info in I-140/485 threads
 
Feb 18....now...

these were certified yesterday...

how come there r no cases between 14 and 18th?

09547820 - feb 14 - R
09547830 - feb 14 - C - aug 17
09547831 - feb 18 - C - aug 17
09547832 - feb 18 - C - aug 17
09547833 - feb 18 - C - aug 17
09547834 - feb 18 - C - aug 17
09547835 - feb 14 - C - aug 17 ---- 999.151.031
09547836 - feb 18 - R
09547840 - feb 18 - R
 
anitar said:
these were certified yesterday...

how come there r no cases between 14 and 18th?

09547820 - feb 14 - R
09547830 - feb 14 - C - aug 17
09547831 - feb 18 - C - aug 17
09547832 - feb 18 - C - aug 17
09547833 - feb 18 - C - aug 17
09547834 - feb 18 - C - aug 17
09547835 - feb 14 - C - aug 17 ---- 999.151.031
09547836 - feb 18 - R
09547840 - feb 18 - R
Click to expand...

Because Feb 15 & 16th 2003 was weekend, Feb 17th was President's Day ( Don't know how come they received 4 Cases on that day though !)
 
Priority Dates Strategy : RIR vs Non-RIR

Guys,

Can some one clarify this for me.

What really is a priority date. I heard this a lot "If you apply through RIR and even if got rejected and go back to Normal you still get to keep the RIR's Priority Date". I think I kind of understnad this.

But would the above priority date have been better than a priority date got if the candidate applied for Normal on the same day that he would have applied for RIR.

For eg. Scenario I
Jan 1, 2004 : Applied for RIR
March 1, 2004 : got rejecteted RIR
April 1 2004: Reapplied via Conventional
Understand the priority date is Jan 1, 2004 (is this same as Applied Date)

Scenario II
Jan 1, 2004 : Applied via conventional (non-RIR)

Question is , Would the priority date in Scenario would be BETTER than in scenario II. If yes, How ?
Woudnt the priority date in Scenario II will be same as Secnario I

Pardon if this question sounds too silly.
 
popoye,


%% What really is a priority date.

--- The Date SWA receives LC Applications. When DOL Remands the application back to State ( means DOL asks SWA to process the application as Non RIR), SWA treats the application as a non RIR application received on the original Priority Date.



%%%But would the above priority date have been better than a priority date got if the candidate applied for Normal on the same day that he would have applied for RIR.

--- NO Its the same.



%%% For eg. Scenario I
Jan 1, 2004 : Applied for RIR
March 1, 2004 : got rejecteted RIR
April 1 2004: Reapplied via Conventional
Understand the priority date is Jan 1, 2004 (is this same as Applied Date)

---- You Do not need to reapply as non RIR, When Dol remands the RIR application back to SWA it becomes Non RIR application.


%%% Question is , Would the priority date in Scenario would be BETTER than in scenario II. If yes, How ? Woudnt the priority date in Scenario II will be same as Secnario I ?

---- It will be the same. Not Better not worse.
 
How to find Application Receipt Number?

Hello All,

I am a new member and I am amazed to find the amount of information available here.

Since I am starting out I have a basic question.
How do I find my receipt number?

:)

Thanks!
 
gp111 said:
popoye,


%% What really is a priority date.

--- The Date SWA receives LC Applications. When DOL Remands the application back to State ( means DOL asks SWA to process the application as Non RIR), SWA treats the application as a non RIR application received on the original Priority Date.



%%%But would the above priority date have been better than a priority date got if the candidate applied for Normal on the same day that he would have applied for RIR.

--- NO Its the same.



%%% For eg. Scenario I
Jan 1, 2004 : Applied for RIR
March 1, 2004 : got rejecteted RIR
April 1 2004: Reapplied via Conventional
Understand the priority date is Jan 1, 2004 (is this same as Applied Date)

---- You Do not need to reapply as non RIR, When Dol remands the RIR application back to SWA it becomes Non RIR application.


%%% Question is , Would the priority date in Scenario would be BETTER than in scenario II. If yes, How ? Woudnt the priority date in Scenario II will be same as Secnario I ?

---- It will be the same. Not Better not worse.
Click to expand...

Hi gp111,
If an application is remanded back to state is there a way where the candidate can change the ad. and the application ETA-750 A &B.
Please let me know as 3 option letter is knocking the door in my case
DOT:999-151-031
DOL date:02/18/03
exp shown in ad BS+ 2yrs :mad:
 
Status
Not open for further replies.
Top