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

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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...

Your lawyer screwed you up, dude !! big time.
Didn't he ask or check your experience when you guys applied for the LC, the form ETA B, list all the past experience and if the experience there does not meet the requirements stated in ETA "A", then the whole LC was big bull-$hitt, I must say.

See, I have a feeling that most of the immigration lawyers (not all) have their brains in their ..you know what I am trying to say.

dude ! I really feel sorry for you, but trust me, your are not alone there.
 
AVM still says received

fight4gc,

We are probably in the same boat. My RD was 2/10/2003, same DOT code. My lawyer says that he has not received the 3-option letter or any commuincation from DOL. I don't know whats going on at DOL with my case.

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...
 
Some time back I tried to get some information and didn't have patience to listen through Menu to exit that call, just hang my phone ... Then, again I called AVM and it was ringing, but no answer ... I waited for some time for AVM to timeout automatically and tried again, this time I got through ...

If you are calling AVM and its riging, but no answer, wait for some time and call again ...

dkgdkg.
 
Q? about switching employment in 7th yr extension

My employer choose to remand my labor application back to state in the slower queue & there is very little hope for anything materializing soon.

My 6 years will be up in feb 2005 & My question to the forun members is as follows:

If I start another ' future employment' labor process now from a location like South Dakota and the labor gets approved sometime in June 2005... Will I be able to Switch to the new employer at that time since I will be into
the 7th year extension.

I am sure some of you must have faced this situation before ..

Hoping for some answers & Thanks in advance.
 
PrettySoon said:
My employer choose to remand my labor application back to state in the slower queue & there is very little hope for anything materializing soon.

My 6 years will be up in feb 2005 & My question to the forun members is as follows:

If I start another ' future employment' labor process now from a location like South Dakota and the labor gets approved sometime in June 2005... Will I be able to Switch to the new employer at that time since I will be into
the 7th year extension.

I am sure some of you must have faced this situation before ..

Hoping for some answers & Thanks in advance.
Click to expand...

Yes you can Join while 7th year extension. If you are planning to join new employer after your LC gets approved, You can wait for one more month & switch jobs once you get your EAD !
 
What about 180 rule?

gp111, are u sure you can switch job even before 180 days of 485 application if you got EAD? I bet you have to wait 180 day and got 140 approval.


gp111 said:
Yes you can Join while 7th year extension. If you are planning to join new employer after your LC gets approved, You can wait for one more month & switch jobs once you get your EAD !
Click to expand...
 
GCIsTortoise said:
gp111, are u sure you can switch job even before 180 days of 485 application if you got EAD? I bet you have to wait 180 day and got 140 approval.
Click to expand...

GCIsTortoise, You are right about waiting for I-140 approval, but in this case the new employer is the one who is filing I-485/140.. this is not AC-21.
 
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 think if the job is for a different title, your experience with the company will be counted. GC is for future employment and the job title applying is a different one.

Any Experts comments
 
7th year extension and stay

Hi gp111,

1) Could you please explain or point to the link on what's "future employment" labor certification ?

2) Also I'm into 7th year of H1 Visa, and is there any special procedure to change the employer? or is it a regular procedure?

3) How long can a person stay in the country if got laid off in the 7th year?

Thanks
 
gc_guy04

1) Could you please explain or point to the link on what's "future employment" labor certification ?

** Green Card is for future employment so LC can be processed from a company without actually joining them.

2) Also I'm into 7th year of H1 Visa, and is there any special procedure to change the employer? or is it a regular procedure?

** It is a regular process as long as a LC is pending for more then 1 year from any one of the company.


3) How long can a person stay in the country if got laid off in the 7th year?

** Everybody gives different answers ... the most common is 2 weeks. If other employer files for transfer or some one has filed I-140/485 already, you can stay till the outcome of it.


Thanks
 
Can you guys post the Telephone number and the web site from where we can find the status of our case?
Since some of the members have a detailed info on number of cases filed on a particular date, i was wondering how can we get this kind of a detailed analysis?
thanx.....
 
My case was filed with SF DOL on Feb 14 or feb 19th.
If the AVM says that it "received" my case on blah blah blah......is that a bad sign considering the fact that some of the guys who filed after Feb 19th have received atleast some kind of info back from DOL !!
 
Chances of approval after retest

I was informed by my attorney that notorious 3 option letter has arrived for me. My ad was for BS + 6 month exp.
We are in process of retesting market, assuming that we do not find a suitable candidate and respond back,

(1) statistically how good are the chances of approval?
(2) How long are we supposed to wait for resumes before replying (keeping in mind that I have only 60 days total to reply)
(3) If DOL is not satisfied, will the case be remanded to state? or what would happen to my case?

any concrete answers would help
 
reply

Need Your Help,

1. The chance of approval after re-testing market is very high (90% above).
2. Normally 2 week opening for respnding to the ad.
3. If DOL is not satified, you may receive second NOF, or denial, or remand to state.
Recently many received 3 option letter--NOF and the processing speed is slowing down due to the loss of some COs in S.F. DOL. I have collected some successful cases after NOF by re-testing the job market from this forum, if you're interested, I can post here or e-mail you (preferred since it has 5-6 pages long).

Can you post some details of your case? Did you get some RFE in the state level? Others?

If anyone has got the new approvals or got 3-option letter, please post here and exchange ideas?

Sam
 
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