San Francisco Regional DOL Tracker - Old (Archived on 09/23/2004)
- Thread starter gp111
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Hi gp111,gp111 said:
Looks like my 3 options letter is on the way
.My receipt date was 02/18/2003 and min exp shown was BS+2 yrs.I know this would happen and it has ultimately happened....after more than 2.5 yrs this is the result.....
Does the AVM say "received" when they send 3 option letter or it says something else..
Thanks gp this forum is reallly very informative.
I have been a silent reader of this forum for the past year. Thanks to gp111, I came to know that my case was certified today. I called the AVM and sure enough, I heard the sweet sound of 'certified'. Details of my case are as under:
RD - Feb 19th, 2003
No RFE or NFO
Small company based in Los Angeles, with no layoffs.
All the best guys and hope to see you in the 1-140/1-485 forum.
RD - Feb 19th, 2003
No RFE or NFO
Small company based in Los Angeles, with no layoffs.
All the best guys and hope to see you in the 1-140/1-485 forum.
tonysharma
Registered Users (C)
my case is in middle of march and case no. difference i see is more then 5000 where as it shd be close to 1300-1500 .....gp111 said:
tonysharma
Registered Users (C)
dask_1 with BS+2 yrs , you shd be ok ...... dont worrydask_1 said:Hi gp111,
Looks like my 3 options letter is on the way
I know this would happen and it has ultimately happened....after more than 2.5 yrs this is the result.....
Does the AVM say "received" when they send 3 option letter or it says something else..
Thanks gp this forum is reallly very informative.
In_GC_Race
Registered Users (C)
PERM Final Regulation Rulemaking Process in ZigZag
From immigration-law.com
* There is a wide spread rumor in the immigration lawyers community that the OMB review will not be completed until the November election is over. This rumor is premised on the theory that the White House is strongly opposing this regulation for the reason that it may be taken as an amnesty by the public and can affect the election. However, this rumor can materialize only if the President turns down the regulation because of the law that governs the OMB review. Because of the OMB review rule, the PERM regulation will have to be either rejected by the President or approved within 180 days from the date of submission of the regulation by the DOL, which was February 23, 2004. Let's review the OMB review rules.
* The law that governs the OMB review is Executive Order 12866 of October 4, 1993. The Section 6 (b)(2) provides that OIRA (subunit of OMB) "shall" waive or notify the agency in writing of the results of its review within the following time periods: (A) For any notices of inquiry, advance notices of proposed rulmaking, or other preliminary regulatory actions prior to a Notice of Proposed Rulemaking, within 10 working days after the date of submission of the draft action to OIRA. (B) For all other regulatory actions, within 90 calendar days after the date of submission of the information..., unless OIRA has previsouly reviewed this information and, since that review, there hs been no matierial change in the facts and circumstancds upon which the regulatory action is based, in which case, OIRA shall complete its review within 45 days; and (C) The review process may be extended (1) once by no more than 30 calendar days upon the written approval of the Director and (2) at the request of teh agency head.
* The PERM regulation falls under Section 6(b)(2)(B) and (C). As we reported earlier, the DOL Foreign Labor Certification Chief disclosed that there was material changes to the Proposed PERM regulation as the DOL's final regulation incorporated substantial changes to the published Proposed PERM Regulation. Accordingly, under the Section 6(b)(B), the OMB was given 90 days to complete the review, which expired on May 21, 2004. However, the DOL Chief also disclosed that on May 21, 2004, it requested the OMB to extend the review because of the concerns of fraud raised by its sister/brother federal agencies and apparently part of the regulation were revised. Under the Section 6(b)(2)(C), the OMB was given only 30-day extension, which expired on June 20, 2004.
* Why this regulation is still under the OMB review and under what authority? The Section 7 of the Executive Order 12866 states that in the event that there is a conflict among agencies which cannot be resolved by the Director of OIRA(OMB), it moves to the Vice President to resolve the conflict and the President and Vice President make a decision. Under the provision, though, such resolution must be made within 60 days from the referral by the Director. Assumedly, this 60-day also expired on August 20, 2004. The fact that the case is still at the OMB reflects that the OMB could not resolve the conflict and turned over to the Vice President for resolution. Otherwise, the OMB should have completed by June 20, 2004 one way or another. The OMB cannot arbitrarily change the review period. Now the expiration date of the resolution of the issues by the Vice President and the President is gone, and the President must announce his decision. Under the Executive Order, he does not have authority to extend the OMB review any further, Either he should reject the rulemaking or approve it as far as this reporter see the Executive Order 12866. We hope to see such announcement within next week.
* Interested persons may read the full text of http://www.whitehouse.gov/omb/inforeg/eo12866.pdf
From immigration-law.com
* There is a wide spread rumor in the immigration lawyers community that the OMB review will not be completed until the November election is over. This rumor is premised on the theory that the White House is strongly opposing this regulation for the reason that it may be taken as an amnesty by the public and can affect the election. However, this rumor can materialize only if the President turns down the regulation because of the law that governs the OMB review. Because of the OMB review rule, the PERM regulation will have to be either rejected by the President or approved within 180 days from the date of submission of the regulation by the DOL, which was February 23, 2004. Let's review the OMB review rules.
* The law that governs the OMB review is Executive Order 12866 of October 4, 1993. The Section 6 (b)(2) provides that OIRA (subunit of OMB) "shall" waive or notify the agency in writing of the results of its review within the following time periods: (A) For any notices of inquiry, advance notices of proposed rulmaking, or other preliminary regulatory actions prior to a Notice of Proposed Rulemaking, within 10 working days after the date of submission of the draft action to OIRA. (B) For all other regulatory actions, within 90 calendar days after the date of submission of the information..., unless OIRA has previsouly reviewed this information and, since that review, there hs been no matierial change in the facts and circumstancds upon which the regulatory action is based, in which case, OIRA shall complete its review within 45 days; and (C) The review process may be extended (1) once by no more than 30 calendar days upon the written approval of the Director and (2) at the request of teh agency head.
* The PERM regulation falls under Section 6(b)(2)(B) and (C). As we reported earlier, the DOL Foreign Labor Certification Chief disclosed that there was material changes to the Proposed PERM regulation as the DOL's final regulation incorporated substantial changes to the published Proposed PERM Regulation. Accordingly, under the Section 6(b)(B), the OMB was given 90 days to complete the review, which expired on May 21, 2004. However, the DOL Chief also disclosed that on May 21, 2004, it requested the OMB to extend the review because of the concerns of fraud raised by its sister/brother federal agencies and apparently part of the regulation were revised. Under the Section 6(b)(2)(C), the OMB was given only 30-day extension, which expired on June 20, 2004.
* Why this regulation is still under the OMB review and under what authority? The Section 7 of the Executive Order 12866 states that in the event that there is a conflict among agencies which cannot be resolved by the Director of OIRA(OMB), it moves to the Vice President to resolve the conflict and the President and Vice President make a decision. Under the provision, though, such resolution must be made within 60 days from the referral by the Director. Assumedly, this 60-day also expired on August 20, 2004. The fact that the case is still at the OMB reflects that the OMB could not resolve the conflict and turned over to the Vice President for resolution. Otherwise, the OMB should have completed by June 20, 2004 one way or another. The OMB cannot arbitrarily change the review period. Now the expiration date of the resolution of the issues by the Vice President and the President is gone, and the President must announce his decision. Under the Executive Order, he does not have authority to extend the OMB review any further, Either he should reject the rulemaking or approve it as far as this reporter see the Executive Order 12866. We hope to see such announcement within next week.
* Interested persons may read the full text of http://www.whitehouse.gov/omb/inforeg/eo12866.pdf
WaitingonLC
Registered Users (C)
Gp11 and Gurus need help in taking the decision
You all know that some time back I have posted the above issue..
I have got the valueable inputs from different people especially From Gp11 and thanks to everybody..Then I have decided to stick to the company ''A'' and file 140 from the company ''B''.
I have talked to the company ''B'' regarding from my 140 they say they can not file 140 until I join the company be on the payroll for 3 months.After 3 months , they will file 140/485 then I Need to stick with the company for minimum 2years or until 485 is approved otherwise they will withdraw the case.I need to tell them the decision in 2 months.If I dont tell them my decision in 2 months they will be using LC for someone else.
My LC with company ''A'' , I think will come in approximatly in 8 months as per the current speed.
I do not know much about the company ''B'' and No access to the lawyer if any questions/concerns and small company. but I am with the company ''A'' for the past 3.6 years and waiting for the LC for the past 2.2 years and access to the lawyer if any questions or concerns and small company and flexible and no layoffs and limited number of employees.
I am having hard time in taking the decision...Following are my questions
1)Is it advisable to join the company ''B'' by leaving the company ''A''
2)Is it better to stick with the company ''A'' and wait for 8 months and neglect the LC from company ''B''
3)What is the probability of certifying the case from company ''A'' based on the information that I have provided in the previous post?
4)What is the probability of not certifying the case from company ''A'' based on the information that I have provided in the previous post?
5)How much time it will take for the DOL to get to my case?
I really appreciate all of your suggestions/commnets on my unsolved issue.Thank you all in advance
WaitingonLC said:
You all know that some time back I have posted the above issue..
I have got the valueable inputs from different people especially From Gp11 and thanks to everybody..Then I have decided to stick to the company ''A'' and file 140 from the company ''B''.
I have talked to the company ''B'' regarding from my 140 they say they can not file 140 until I join the company be on the payroll for 3 months.After 3 months , they will file 140/485 then I Need to stick with the company for minimum 2years or until 485 is approved otherwise they will withdraw the case.I need to tell them the decision in 2 months.If I dont tell them my decision in 2 months they will be using LC for someone else.
My LC with company ''A'' , I think will come in approximatly in 8 months as per the current speed.
I do not know much about the company ''B'' and No access to the lawyer if any questions/concerns and small company. but I am with the company ''A'' for the past 3.6 years and waiting for the LC for the past 2.2 years and access to the lawyer if any questions or concerns and small company and flexible and no layoffs and limited number of employees.
I am having hard time in taking the decision...Following are my questions
1)Is it advisable to join the company ''B'' by leaving the company ''A''
2)Is it better to stick with the company ''A'' and wait for 8 months and neglect the LC from company ''B''
3)What is the probability of certifying the case from company ''A'' based on the information that I have provided in the previous post?
4)What is the probability of not certifying the case from company ''A'' based on the information that I have provided in the previous post?
5)How much time it will take for the DOL to get to my case?
I really appreciate all of your suggestions/commnets on my unsolved issue.Thank you all in advance
3 Option Letter?
Folks, I am worried that the three option letter is on its way for me. My RD was 10th Feb. and looks like they have gone well past it. My poisition was advertised as BS+1yr. and my company has had some layoffs in the last six months. How will I know if a 3-option has been sent because the AVM just says "received".
Folks, I am worried that the three option letter is on its way for me. My RD was 10th Feb. and looks like they have gone well past it. My poisition was advertised as BS+1yr. and my company has had some layoffs in the last six months. How will I know if a 3-option has been sent because the AVM just says "received".
Look at this!
http://boards.immigrationportal.com/showthread.php?t=125022&page=8&pp=15&highlight=oregon
http://boards.immigrationportal.com/showthread.php?t=125022&page=8&pp=15&highlight=oregon
ghk said:
WaitingonLC said:
I personally think that company B is BSing with you. For them to file I-140, you dont have to be on their payroll. They are just playing games with you. I think they know that you wont join them. They just want to hear from you. Once you say you wont join them, they want to SELL your preapproved labor to someone(there are a lot of people actually) who can pay 10-15,000 for this. Try to prolong this as far as possible. until you hear something from company A( I think you will get labor with company A, but dont quote me on that, historically i have been wrong too), once your lc is certified from company A, you can softly reject company B's offer.
Anyways you have 2 months to sit and sleep on this.
All the best.
Zany_Brainy
Registered Users (C)
More certifications
All RD Feb 19th
9548076
9548099
9548100
I did not check all... as per my info the last case certified on Friday was
9548106 Network Systems Engineer
If that is the last case processed then they processed only 33 cases on Friday down from 72 on thursday. It may be that they processed more but none were certified.
We need them to keep up the pace...~ 75 cases a day.
ZB
All RD Feb 19th
9548076
9548099
9548100
I did not check all... as per my info the last case certified on Friday was
9548106 Network Systems Engineer
If that is the last case processed then they processed only 33 cases on Friday down from 72 on thursday. It may be that they processed more but none were certified.
We need them to keep up the pace...~ 75 cases a day.
ZB
I would think that a bird in hand is better than 2 in the bush.. I think that company "B" is justified in not letting you proceed to I-140 till you join them and show some commitment to them.. This is an investment they are making and they would want the return on it. So if you are not committed they would like to "sell" their approved LC for you.. But if this company is good, legit, with a good record - financially and environmentally (i mean work environment), and with a better qualification requirement - Masters with 4.5 years already in hand, i would recommend that you switch to company "B".. And this isn't even like a LC substitution since it was applied for and approved for you.. and if you could take advantage of the pilot program as well..WaitingonLC said:
Your case with company "A" is ok - not too bad not too good - but a lot more uncertainty. what if you get an NOF, what if it is remanded, what if DOL changes some policies again like they do out of the blue... you know more about it from financial and environmental standpoint, but you might be able to find out about company "B" as well...
spanneerselvam
Registered Users (C)
AVM reply
Does the AVM says still received if it is not approved or given a 3 options letter.
Thanks
Does the AVM says still received if it is not approved or given a 3 options letter.
Thanks
spanneerselvam
Registered Users (C)
dryheat said:
dryheat
Could you please tell what does it say. Whether it say something or not.
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