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

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3 Option letter question...

Let us say if a person has got 3 option letter and chosen to retest the market and got the good number of responses and Then decided to remand the case back to state.In such a case I understand the priority date going to be the date when it goes to the state.By the time when it comes to the DOL to review the case again I guess it will be 2 to 3 years.In this type of situations, who have completed or approching 6 year limit on H1b are eligible for the continuous one year extensions until the decision made on the labor?

Any reply on this question will be greatly appreciated and thank you for the help in advance....
 
WaitingonLC said:
Let us say if a person has got 3 option letter and chosen to retest the market and got the good number of responses and Then decided to remand the case back to state.In such a case I understand the priority date going to be the date when it goes to the state.By the time when it comes to the DOL to review the case again I guess it will be 2 to 3 years.In this type of situations, who have completed or approching 6 year limit on H1b are eligible for the continuous one year extensions until the decision made on the labor?

Any reply on this question will be greatly appreciated and thank you for the help in advance....
Click to expand...

YES.. H1 can be extended in 1 year increments till decision on labor.
 
WaitingonLC said:
Let us say if a person has got 3 option letter and chosen to retest the market and got the good number of responses and Then decided to remand the case back to state.In such a case I understand the priority date going to be the date when it goes to the state.By the time when it comes to the DOL to review the case again I guess it will be 2 to 3 years.In this type of situations, who have completed or approching 6 year limit on H1b are eligible for the continuous one year extensions until the decision made on the labor?

Any reply on this question will be greatly appreciated and thank you for the help in advance....
Click to expand...
Hi WaitingonLC,
If you read the Carlson memo carefully it says that the employer has the option of the choosing the priority date.The employer can clearly state the priority date they want
gp111 please correct me if I am wrong.
The pdf link to the famous Carlson memo is http://www.mnllp.com/USDOLcarlsonRIRnov03.pdf
Thanks
dask_1
 
Labor Substitute

My DOL RD Date is Jan 17, 999-172-072, AVM still saying received. I am desperate right now and is going to pursue Labor Substitute within my company. Anybody knows the requirement of Labor Substitute? If the approved labor required a BS, and I have MS can I use it? Is it necessary for the job title, dot code, and everything to match?

Thanks!
 
fight4gc said:
My DOL RD Date is Jan 17, 999-172-072, AVM still saying received. I am desperate right now and is going to pursue Labor Substitute within my company. Anybody knows the requirement of Labor Substitute? If the approved labor required a BS, and I have MS can I use it? Is it necessary for the job title, dot code, and everything to match?

Thanks!
Click to expand...

Ask your attorney to contact DOL as they are way past Jan 17 & you should receive some communication from them.

Labor Substitute:
The experience / Qualifications mentioned in preapproved should match of yours more then 90%. Job Title little bit here & there is fine but DOT (Category should be same or similar).
 
H1 extension while labor is pending

Is there a limit to the number of H1 extensions (beyond 6th year) that can be filed while labor or subsequent application (I-140 or 485) is pending ?

-fan123
 
arty717 said:
My case got certified last week. BS+2 RD 2/19/2004 999-151-032 09548xxx
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Congrats arty717 !!.

Did you find out about this via AVM or your attorney had actually received the approval letter ? Also, let us know about the Approval Date.
 
encouraging

perumpulli said:
Congrats arty717 !!.

Did you find out about this via AVM or your attorney had actually received the approval letter ? Also, let us know about the Approval Date.
Click to expand...

This is good news for us all especially whose applications are right below the line: BS+2yrs/MS+0 .

Seems some officers do evaluate the case detail instead of following the MEMO arbitrarily.

Let's keep hoping.
 
Congratulations arty717

arty717 said:
My case got certified last week. BS+2 RD 2/19/2004 999-151-032 09548xxx
Click to expand...

Congratulations arty717. Wish you luck in other stages.

Could you share some information like :
-- What state you filed from .. (i guess Arizona?)
-- What date did you file?
-- Did you receive case receipts when your case was transferred from state to DOL?


... your case information will be helpfull to me.
Thanks
 
Hi all,
My attorney sent me an email that my Labour application has been approved today. Here are my details:
SESA PD- 04/01/02, DOL RD- 02/19/03, BS+6yrs exp, ***031
Large Bay area company with lay offs.
Good luck to all of you and thanks for the support this group had given to me
 
CA-- What state you filed from .. (i guess Arizona?)
Feb 2002-- What date did you file?
Yes-- Did you receive case receipts when your case was transferred from state to DOL?
 
Hi All,
quite new around here so I hope I won't ask stupid questions.
I'm waiting for my labor certification from San Franciso office posted in January 2003. My lawyer is asking me now about my previous experience other than the company that applied for my LC. The problem is that I've been working for this company since I grauated in '99 back in my country and transfered over here with a H1B visa although in a different position. Is anybody in the same situation? Does DOL require that your experience should not be within the same company?

thanks for your time!
 
vizadeus said:
Hi All,
quite new around here so I hope I won't ask stupid questions.
I'm waiting for my labor certification from San Franciso office posted in January 2003. My lawyer is asking me now about my previous experience other than the company that applied for my LC. The problem is that I've been working for this company since I grauated in '99 back in my country and transfered over here with a H1B visa although in a different position. Is anybody in the same situation? Does DOL require that your experience should not be within the same company?

thanks for your time!
Click to expand...
I am afraid that depite you have 5 years of real experience DOL still considers you as the one with 0 years experience as the experience gained on the current job does not count. Maybe there is some hidden logic in that that a common person like me cannot comprehend :confused:
I do not know if it could work, but ask your lawyer if the company can fire you then hire back. If you are lucky the LC application still can be valid as it it filed for the position not for the employee. Then they can substitute unexperienced you with another, much more experienced person, that by coincident is also you :cool:
 
Thanks a lot sbdol. So even if the first 2 years were abroad in a different position, it still counts as one job? That is just ....not fair.
 
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