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

[gp111]

Hi GP111 and others ,

Thanks for keeping this forum so informative.

I have a quick question.

My priority date at SF DOL is Aug 14th , 2003
type: 999-151-031
Status:Received.

Job requirement was Matser's + 1 year experience

What are my chances of approval.
I am thinking it will take atleast another 6 to 8 months before my case comesup for review and I have only 1 year 2 months left on my H1 . So I am unable to decide if I need to wait or change jobs to a company in another faster processing state.

Any thoughts.. Thanks in Advance.

You are already eligible for H1 Extension... No need to change job now as you will get your LC in six months & may get GC fast as you are EB2 & are in CSC.

By the way me & you, we share the same RD: August 14, 2003..

good luck.

 

[gp111]

Thanks for your kind reply gcwait2002,
The Educational requirement is BS in CS or Engineering with 5 Years of exp. required.
I have 4 year BE degree in Engg, and had 6 years of experience at the time of filing, and I am sure they will not reject my LC based on exp. or educational requirements.
My only worry is the Job Title, and they can say that I am not a Software Engineer, but a system/network Admin and might reject my I-140 due to insufficient work experience, though my job experience shown in previous employement letters is matching the "job duties" or "job description" mentioend in the LC application and ads.
it is just the Job Title "Software Engineer" that botherss me.

Is there a System Admin who has the job tile "software engineer" on her/his LC ?

Kavita..
I would not worry about the Title as long as the experience required / mentioned & your qualifications/experience matches.

 

[gp111]

Hi Gp111,
At last I got the three options letter, that was a significant achievement after almost 3 yrs of waiting.
My lawyers are saying that if they go for retest and receive any qualified (applicants who match the requirements mentioned in the ad.) applications DOL will reject the case and I have to reapply all over again.
What are the grounds on which the candidates can be disqualified other than the basic requirements.

What happens if really no applicants apply for the job???

What would be the response in that case or do we have to cook some resumes and send those to DOL

Any ideas /suggestions will be highly appreciated.
Thanks a lot

dask_1
dol recd. date :02/18/2003
dot code :031
exp shown :BS+2 yrs(Had more than 5 years at the time of initial filing)
present status:The one and only 3 options letter!!!!!

Sorry to hear that dask_1..
But hey, atleast you have chances of Retest ( its not remand !)..

Put an ad in a local paper, You will not get that much response from One advertisement, if required modify & add BS+3 or 4 now.

Good Luck.

 

[nnaicc]

DOT ends with -031

It seems DOT ends with -031 has a bad luck? Do you guys share the same feeling. Does any GURU know base on what these DOT numbers are asigned?

 

[kavita.singh]

Thanks !

Kavita..
I would not worry about the Title as long as the experience required / mentioned & your qualifications/experience matches.

Thanks gp111,
That is comforting to know, I have been waiting for last 2 years for my LC and I don't know how much more to wait for 140 and all.

One year after filing the LC, my lawyer suggested withdrawing the case and re-file with correct job title, and I opposed that, but as I get closer, I am getting worried that, may be he was right.
The problem goes back to the time, when my first US employer knowingly filed my LCA and H1 as software engineer, so that it would be easier for me to get the visa stamp and all, which I think was not really required anyways.
and worst, the subsequent h1 and LC and evey other documents now has "software engineer" as my job title, I didn't realize the consequences at that time.
I am hoping to hear from some one who is in a similar situation.

Thanks again, really appreciate the help.
-K

 

[dask_1]

Sorry to hear that dask_1..
But hey, atleast you have chances of Retest ( its not remand !)..

Put an ad in a local paper, You will not get that much response from One advertisement, if required modify & add BS+3 or 4 now.

Good Luck.

Thanks for the complimets gp111.I am deciding to retest the market and then respond to DOL's letter about our stance.
If we see that we get many qualified candidates for the ad we might opt the remand back to state option as because my attorneys are telling me that DOL will not give any other options(if the retest option is disqualified by DOL) other than filing a brand new application.
Let me know your views.

Thanks a lot

 

[Nirvan]

Atlast I could join with all of you waiting in DOL queue

Hi all,
Atlast I could join with all of you waiting in DOL queue
I tried to file GC since Nov 1999.
After so many events, my HR gave consent in Jan 2003.
By the time my maanger gave the consent and moved to Attorney office, it was infamous June 2003 when remands started.
So, Attorney kept hold on the file and decided to apply in Feb 2004 as non RIR case.
So, after seeing all your cases, I made up my mind that I should be prepared for 5 years for my labor certification.

But from this date my stars seemed to turned around.
AZ SWA which used to take 1.5 years to process, became very efficient.
My case was taken up within 2 months for advertisement.
As per Non RIR rules advertisement ran for 3 days and then waited for one month.
SWA got 5 resumes in one month and sent to the company.
Company interviewd them. But non of them qualified.
My attorney documented all details like when called, why the manager disqualifying etc., In fact In Non RIR case, SWA will give you detailed instructions how to do all these things.

Atlast today I was intimated that my case moved to SFO DOL on 08/06
For AZ current processing date is sept 2003. I have to wait for 10 more months.

Since I am looking into this forum, I know most of you guys. This is wonderful platform to share our views. Thanks to Rajiv Khanna and GP111.

Nirvan
AZ SWA PD 02/17/2004
SWA to DOL date: 08/06/2004

 

[Zany_Brainy]

So you think they will reach august in 6 months ?

On what basis are you saying they will reach august in 6 months ?

They are in Feb (24th) 2003 now in End August 2004.

Have a done some study of their speed ? If yes can you share your observations with us ?

My RD is 06.01.2003 ..Requirement MS+2
when do you think I will get LC by?

Thanks
ZB

You are already eligible for H1 Extension... No need to change job now as you will get your LC in six months & may get GC fast as you are EB2 & are in CSC.

By the way me & you, we share the same RD: August 14, 2003..

good luck.

 

[unclear]

Zany_Brainy, I share the same RD with you.

On what basis are you saying they will reach august in 6 months ?

They are in Feb (24th) 2003 now in End August 2004.

Have a done some study of their speed ? If yes can you share your observations with us ?

My RD is 06.01.2003 ..Requirement MS+2
when do you think I will get LC by?

Thanks
ZB

 

[dbshisode1]

On what basis are you saying they will reach august in 6 months ?

They are in Feb (24th) 2003 now in End August 2004.

Have a done some study of their speed ? If yes can you share your observations with us ?

My RD is 06.01.2003 ..Requirement MS+2
when do you think I will get LC by?

Thanks
ZB

ZB,
Nirvan is from AZ and not from CA. Even though its San Fran. DOL, the LC processing time is different for CA and non-CA states. So if you are from CA, your processing time won't relate with Nirvan's.

 

[gp111]

On what basis are you saying they will reach august in 6 months ?

They are in Feb (24th) 2003 now in End August 2004.

Have a done some study of their speed ? If yes can you share your observations with us ?

My RD is 06.01.2003 ..Requirement MS+2
when do you think I will get LC by?

Thanks
ZB

I am hoping DOL will continue working the same or Speed up as their resources increases ( Backlog Reduction Center, Finishing up of remaining Oct, Nov, Dec 2003 Cases etc)...

This is what I observed as far as speed is concerned..

January 2003 : 1719 cases ::: It took 8 weeks
February 2003: 1460 Cases ::: 4 & 1/2 weeks

if continues with the same pace
March 2003 : 1419 Cases ::: 4 & 1/2 weeks
April 2003 : 1075 Cases :: 3 & 1/2 Weeks
May 2003 : 1310 Cases :: 4 & 1/2 Weeks
June 2003 : 1272 Cases :: 4 Weeks
July 2003 : 1194 Cases :: 4 Weeks

unless they do some weird stuff again & stop processing.

 

[nnaicc]

certified LC (RD is July 28, 2003)

Just found out this case was certified
case #: 09571001
DOT: 161.267-026

Anybogy knows how this could happen?

 

[mnhrdc]

Thanks gp111,
That is comforting to know, I have been waiting for last 2 years for my LC and I don't know how much more to wait for 140 and all.

One year after filing the LC, my lawyer suggested withdrawing the case and re-file with correct job title, and I opposed that, but as I get closer, I am getting worried that, may be he was right.
The problem goes back to the time, when my first US employer knowingly filed my LCA and H1 as software engineer, so that it would be easier for me to get the visa stamp and all, which I think was not really required anyways.
and worst, the subsequent h1 and LC and evey other documents now has "software engineer" as my job title, I didn't realize the consequences at that time.
I am hoping to hear from some one who is in a similar situation.

Thanks again, really appreciate the help.
-K

HI K sing

It was common practice earlier to advt to include wide segment and should not look tailored for applicant (may be DOL requirement)
what is important is that your degree equivalent should be in lieu field.


look at this advt. (For RIR purpose)
requirements being a Master's or equivalent degree in Computer Science, ElectronicsEngineering, Computer Engineering or equivalent field. (No experiencerequired).
In lieu of an advanced degree, the following would be accepted:
Bachelor of Science or equivalent degree in Computer Science, Electronics
Engineering, Computer Engineering, Mechanical Engineering or equivalent
field plus five years of progressive, post-baccalaureate experience in the
speciality field (i.e. in occupations such as QA Engineer, System Engineer,
Software Engineer, Test Engineer, etc.)

Lets hope for the best.

wishing here carlson memo to be proved wrong for MS+0 requirement
or wishing GP111 observation that this is a BS+5 requirement.

-RD 5/03

 

[mnhrdc]

I am hoping DOL will continue working the same or Speed up as their resources increases ( Backlog Reduction Center, Finishing up of remaining Oct, Nov, Dec 2003 Cases etc)...

This is what I observed as far as speed is concerned..

January 2003 : 1719 cases ::: It took 8 weeks
February 2003: 1460 Cases ::: 4 & 1/2 weeks

if continues with the same pace
March 2003 : 1419 Cases ::: 4 & 1/2 weeks
April 2003 : 1075 Cases :: 3 & 1/2 Weeks
May 2003 : 1310 Cases :: 4 & 1/2 Weeks
June 2003 : 1272 Cases :: 4 Weeks
July 2003 : 1194 Cases :: 4 Weeks

unless they do some weird stuff again & stop processing.

GP111 Excellent observation
we require two more dots (march,aprl) to make it good projections.

Good Job

 

[addagarla]

found some more cases certified on 08/26/04

09548160 RD: 02/24/2003 DOT code: 999.352-014

09548162 RD: 02/24/2003 DOT code: 999.519-071

09548165 RD: 02/24/2003 DOT code: 999.292-061

09548174 RD: 02/24/2003 DOT code: 999.352-014


The approval rate of 151.031 & 151.032 cases is dismal this week.

 

[waitingforlca]

Question To GP111 and other Gurus.

Sorry to hear that dask_1..
But hey, atleast you have chances of Retest ( its not remand !)..

Put an ad in a local paper, You will not get that much response from One advertisement, if required modify & add BS+3 or 4 now.

Good Luck.

I was in an assumption that only BS+1 or BS +0 years experience get 3 options letter. But after seeing Dask_1's case, i lost all the confidence that one day my labor application will be certified. Because, my labor application was filed for a position which requires BS+2 years exp.

GP111 and others can you please tell me if all those applications having BS+2 years get 3 options or some of them do get certified atleast?? That will throw some hope.

Thanks again to GP111 and many others who provide so much of valuable information here.

 

[dask_1]

I was in an assumption that only BS+1 or BS +0 years experience get 3 options letter. But after seeing Dask_1's case, i lost all the confidence that one day my labor application will be certified. Because, my labor application was filed for a position which requires BS+2 years exp.

GP111 and others can you please tell me if all those applications having BS+2 years get 3 options or some of them do get certified atleast?? That will throw some hope.

Thanks again to GP111 and many others who provide so much of valuable information here.

Hi ,
It all depends on your luck...
But truly spaeking I did lot of research on this DOL processing methodology and preety much sure that if your DOT code is 031 or 032 and your exp shown is BS+2 or lesser(sholud be BS
+3yrs) or MS+0(should be MS+6 months) you will get the 3 options letter (90% chance).
One of my colleagues got through with MS+0...again it is your luck man
I knew I would get this letter and I got it....Thanks to DOL they will keep issuing memos after memos ziegler memo,Carlson memo then they will say before green card you will need blue card and so on....the more our process gets delayed more we will be entangled with memos and other types of immigration issues.I believe those days are very near.
Thanks a lot
dask_1

 

[waitingforlca]

Hi ,
It all depends on your luck...
But truly spaeking I did lot of research on this DOL processing methodology and preety much sure that if your DOT code is 031 or 032 and your exp shown is BS+2 or lesser(sholud be BS
+3yrs) or MS+0(should be MS+6 months) you will get the 3 options letter (90% chance).
One of my colleagues got through with MS+0...again it is your luck man
I knew I would get this letter and I got it....Thanks to DOL they will keep issuing memos after memos ziegler memo,Carlson memo then they will say before green card you will need blue card and so on....the more our process gets delayed more we will be entangled with memos and other types of immigration issues.I believe those days are very near.
Thanks a lot
dask_1

I am very sorry Dask_1 that you received this 3 options letter. I dont know whats my DOT code and i am not sure how to find out that either. My RD in DOL is somewhere in Nov 2003. I understand that its a long way to go for me, but the problem is, the more longer you wait, the more complicated this systems gets.

I totally agree with you that these are all mere cases of luck. I dont have any choice except to wait. All the best in your retest of market phase.

Is it possible anyway that you know that the experience requirement can be modified to 3 years instead of 2 years while waiting for labor certification.

 

[gcwait2002]

I am hoping DOL will continue working the same or Speed up as their resources increases ( Backlog Reduction Center, Finishing up of remaining Oct, Nov, Dec 2003 Cases etc)...

This is what I observed as far as speed is concerned..

January 2003 : 1719 cases ::: It took 8 weeks
February 2003: 1460 Cases ::: 4 & 1/2 weeks

if continues with the same pace
March 2003 : 1419 Cases ::: 4 & 1/2 weeks
April 2003 : 1075 Cases :: 3 & 1/2 Weeks
May 2003 : 1310 Cases :: 4 & 1/2 Weeks
June 2003 : 1272 Cases :: 4 Weeks
July 2003 : 1194 Cases :: 4 Weeks

unless they do some weird stuff again & stop processing.

Good observation and a promising outlook. I don't want to dampen the good feeling about the projected forecast. Just wanted to bring a valid point here to get a more practical outlook. With so many cases being given 3 option letter, won't they come back in 60 days resulting in delay of the LC processing?

Does anyone know how many cases have been given 3 option letter in the last couple of months? Is it correct to assume that a good percentage of these cases will retest the market and revert back to the DOL.

 

[sbdol]

Impact on Immigration

AILA also notes that the backlog reduction effort may have a tremendous adverse impact on the annual availability of employment-based visa numbers. USDOL correctly notes that much of its backlog is attributable to filings of applications for labor certification generated by the imposition of a sunset date on Section 245(i) of the INA, which caused a significant increase in filings on or near April 30, 2001. The "bubble" of the estimated 236,000 applications filed on or near April 30, 2001, as they are processed to certification, will create a substantial number of workers, in particular skilled and unskilled workers, who will be moving through the next stages of permanent residence processing. As these workers become eligible to file adjustment of status applications concurrently with their immigrant visa petitions, their introduction to the CIS rosters will seriously strain visa number availability in the employment-based categories and, at the same time, add an enormous workload to CIS's already overburdened system.

AILA, having worked closely with both agencies on their processing issues, commends the two agencies for working together on this issue to ensure that these cases do not have the combined effect of crippling both the backlog reduction effort and the employment-based immigrant product line at CIS. It is our hope that the two agencies will continue to work together and apply available resources to this effort.

AMERICAN IMMIGRATION LAWYERS ASSOCIATION

It is difficult to believe that the two agencies can work together to solve this. DOL was not able to clear the mess in their own department. They mingled two tracks and threw people who was in the line few years back. Some of you probably remember that before the famous Section 245(i) of the INA the processing times were 2 month for both SWA and regional combined.
I will not be surpised that the next steps with 140 and 485 application will extend from current 2-3 years to... maybe my retirement.