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

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Protest Carlson memo

The Carlson memo is very unjust and we shouldn't be just sitting down and accepting this.. We have successfully caused DOL to cancel automatic remands and so should we try to revert this arbitrary decision.. AILA should do something about this which is causing so many legitimate employers and employees waiting for over 2 and a half years unnecessary harassment. Why is BS+3 and MS+0 requirement cases, without looking at the specifics of the case, being blindly sent an NOF.. The DOL is supposed to look at every case individually and then decide on the effort done for recruitment in those cases is enough or not. Not blindly apply an unjust policy to every case meeting or not meeting an arbitrary set of criteria.
 
Many labor applications are getting approved at companies like Sun, Cisco and Oracle even though these companies have been doing so many layoffs. So, DOL is looking at case by case basis not going strictly by Carlson memo.
 
nnaicc said:
I just found out my lawyer filled in the LC application form, item 14, as follows:

Minimun requirement: Master + 0 yrs, 0 mths.

However, in the ads, they stated "Master + 2 yrs experience. "

I had master + 1.5yrs when I joined the company and 1 yr later, they filed the LCA for me.

As you can see, it is really strange in my case----the application form and the ads are not consistant in terms of experience.
Thanks in advance
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I am sure most lawyers are honest and professional people. I just did not meet personally any. Your case is very suspicious.

There can be different reason for this:
1. The lawyer is paid hourly and the longer your case is processed the more he gets.
2. The lawyer is just incompetent.
3. How do you know that it is your application? Maybe you are looking into somebody else's case.

My advice: talk to your employer and clarify the matter. If the application was filed very recently they can withdraw it and file a new one (of course with another lawyer)
 
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mnhrdc said:
HI GP111

How does carlson memo apply for BS+5 or equal to MS+0 since i had BS+10yrs

Thanks
Click to expand...

No. The Carlson memo applys to Qualification Requirements less then BS+ 2 Year or MS + 6 months. BS + 5 years qualifies for EB2 but it does not mean BS + 5 = MS...
 
PDmay2002 said:
The Carlson memo is very unjust and we shouldn't be just sitting down and accepting this.. We have successfully caused DOL to cancel automatic remands and so should we try to revert this arbitrary decision.. AILA should do something about this which is causing so many legitimate employers and employees waiting for over 2 and a half years unnecessary harassment. Why is BS+3 and MS+0 requirement cases, without looking at the specifics of the case, being blindly sent an NOF.. The DOL is supposed to look at every case individually and then decide on the effort done for recruitment in those cases is enough or not. Not blindly apply an unjust policy to every case meeting or not meeting an arbitrary set of criteria.
Click to expand...

That is why they are not remanding all the applications but sending out 3 Option letters. Actually Carlson Memo was a great help to stop the Automatic Remands.
 
nogcnolife said:
Hi Guys,

Did I miss anything here. Does Carlson menu talk about BS+2 or BS+3?

Thanks
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It does talk about BS +3,
DOL certifies BS+3 cases & Sends 3 options to BS+2 & less.
 
New approvals....

09548150 - Feb 19 - 999.151-032 - certified on aug 25
09548140 - Feb 20 - 999.172-072 - certified on aug 25

still lot of feb 19th cases are in "received" state.
 
Many labor applications are getting approved at companies like Sun, Cisco and Oracle even though these companies have been doing so many layoffs. So, DOL is looking at case by case basis not going strictly by Carlson memo.
 
999.151-021 Question

Any one with Code 999.151-021 got approved lately?

GP111, mine was applied with BS +2 ? What are the chances?

Thanks in Advance.
 
gp111 said:
No. The Carlson memo applys to Qualification Requirements less then BS+ 2 Year or MS + 6 months. BS + 5 years qualifies for EB2 but it does not mean BS + 5 = MS...
Click to expand...

HI Gp111

My case was filed under RIR stating job experience requiremnt of BS+5 or MS + 0 .
I dont have an MS but had BS+10 before they filed. And lawyer confirmed that BS+5 can be equated to MS for LC purpose.

My question is will carlson memo consider the option BS+5 or MS+0 for certification or 3 options.

HOpe you understand my concern

mnhrdc
RD 5/03
 
Could anyone give their opinion on this scenario:

I am working for Company A and there is likelihood that it may be taken over by company B.What happens to my LC?Does it get back to square one position?

Any views shall be highly appreciated.
 
Internal relocation

Hi, Guru, here is my case and please help me by giving your opinion on what might happen:

My LC is pending in SF region. And seems that my case will start process in half an year(I checked the AVM weekly and hopefully that is true). But my company needs me to relocate to Texas and it is a good opportunity for me since our company HQ is there. My division and function in company is same, and my company still has business in CA.

I have several questions on this:

1. If I have to relocate before my LC been certified, do I have to reapply in Dallas regional office or simply transfer my case from SF region to Dallas? What the priority date will be? The date that I refile or transfered, or the origianal filling date in SF?

2. If I relocate after my LC been certified, should I file I-140/485 in Taxes service center or still in Callifornia service center?

Your advice is very appreicated.

And thank you in advance.

Struggleman
 
Hi Struggleman


1. If I have to relocate before my LC been certified, do I have to reapply in Dallas regional office or simply transfer my case from SF region to Dallas? What the priority date will be? The date that I refile or transfered, or the origianal filling date in SF?

**** You cannot transfer LC from one region to another (even one city to another in same region). If you refile in Texax it will be new application & nothing to do with old PD/RD.

2. If I relocate after my LC been certified, should I file I-140/485 in Taxes service center or still in Callifornia service center?

*** You have to file I-140/485 from California Service Center if LC has been certified from CA. What you can do is wait for 6 months D of I-485 filing & then use AC-21 to transfer your case.
 
saroren said:
Any one with Code 999.151-021 got approved lately?

GP111, mine was applied with BS +2 ? What are the chances?

Thanks in Advance.
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Its all up to the almighty DOL, I would say 50 - 50% chances of getting 3 Options OR instant Approval. Cause it also depends on Company you work for, layoffs, Job Category, recruitment process etc.
 
mnhrdc said:
HI Gp111

My case was filed under RIR stating job experience requiremnt of BS+5 or MS + 0 .
I dont have an MS but had BS+10 before they filed. And lawyer confirmed that BS+5 can be equated to MS for LC purpose.

My question is will carlson memo consider the option BS+5 or MS+0 for certification or 3 options.

HOpe you understand my concern

mnhrdc
RD 5/03
Click to expand...

I think you should not have problem as requirements are BS + 5 Years
 
sandeep0902 said:
Could anyone give their opinion on this scenario:

I am working for Company A and there is likelihood that it may be taken over by company B.What happens to my LC?Does it get back to square one position?

Any views shall be highly appreciated.
Click to expand...

Sandeep,

If the new company is willing to continue your LC/GC process for the same position & same location it will continue.
 
LC Should continue

sandeep0902 said:
Could anyone give their opinion on this scenario:

I am working for Company A and there is likelihood that it may be taken over by company B.What happens to my LC?Does it get back to square one position?

Any views shall be highly appreciated.
Click to expand...
Unless there is a change in job profile and/or location, there should be no impact on the LC.
 
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