San Francisco Regional DOL Tracker - Old (Archived on 09/23/2004)
- Thread starter gp111
- Start date
- Status
Certified
Hi Guyz:
My case got certified. Here are the details:
RD: 01/22/03
Certified: 08/26/04
I had MS+3yrs when my company applied but my laywer applied as BS+1. Got a 3 letter option, and decided to re-test. My laywer told me that they can't change BS+1yr. So the requirement was still kept BS+1yr but they showed my experience (MS+3yrs) meets BS+1yr requirement.
Hi Guyz:
My case got certified. Here are the details:
RD: 01/22/03
Certified: 08/26/04
I had MS+3yrs when my company applied but my laywer applied as BS+1. Got a 3 letter option, and decided to re-test. My laywer told me that they can't change BS+1yr. So the requirement was still kept BS+1yr but they showed my experience (MS+3yrs) meets BS+1yr requirement.
Hi Jack144,jack144 said:
Congrats for the labor certification.I have few questions ,it would be nice if you could answer these I think will be very helpful for the forum
1)How did your lawyers show more exp for you did they change the ETA 750 A form???
2)Did your lawyers produce any resumes submitted for the job posting while responding to the 3 options letter??
3)Last but not the least how long it took to get the certification
Thanks a lot
Dask_1
Answers to your queries:
1. Ok... BS+1yr was the requirement for the position. They did not change it nor can they change it MS+3yrs in the ETA750. So they kept the requirement for the job same but showed that I meet it since I have MS+3yrs at the time of application.
2. When they advertized, there were NO reponses to the ad for 2 weeks.
3. 1 week after sending the reply to DOL. Overall 1yr and 7months at DOL.
Hope this helps!
1. Ok... BS+1yr was the requirement for the position. They did not change it nor can they change it MS+3yrs in the ETA750. So they kept the requirement for the job same but showed that I meet it since I have MS+3yrs at the time of application.
2. When they advertized, there were NO reponses to the ad for 2 weeks.
3. 1 week after sending the reply to DOL. Overall 1yr and 7months at DOL.
Hope this helps!
dask_1 said:
In_GC_Race
Registered Users (C)
Substitution of Certified Labor Certification & 7th Year H-1B Extension Eligibilty
There have been questions in this forum about Labor Substitution and 7th yr extension, found a write-up at immigration-law.com
There have been questions in this forum about Labor Substitution and 7th yr extension, found a write-up at immigration-law.com
- Employers often obtain a permanent labor certification on behalf of their current or prospective employees but the permanent employment offers are withdrawn either because the employee decided not to take the offer because of the change of employer or because the employer decided not to offer the employment for whatever reasons. Once the employers obtained the certification of the permanent labor certification application, the employers can substitute the alien beneficiary if the substituting alien had all the qualifications which were required in the labor certification application at the time of filing of the original labor certification application which was filed for the substituted alien. If the employer has already filed I-140 petition on behalf of the substituted alien, the employer files the labor certification application and I-140 petition on behalf of the new substitutiing alien together with the request for withdrawal of the original labor certification application for the substituted alien and attaching a copy of the certified labor certification application. If the I-140 has not been filed for the substituted alien, the employer just files I-140 petition and alien labor certification application on bebahalf of the new substituting alien with the Service Center attaching the certified alien labor certification application.
- Substitution raises two issues relating to the accompanying benefits: One is whether the substituting alien can take over the benefit of 7th year H-1B extension based on the 7th year extension eligibility of the substituted alien. Second issue is whether the substituting alien can also take over the 245(i) benefits if he/she violated immigration laws.
- 7th Year H-1B Extension Benefits: The current USCIS policy allows the substituting new employees to file the 7th year H-1B extension if the original labor certification was filed more than 365 days and before reaching 5th year in H-1B status.
- 245(i) Grandfathering: The current USCIS policy adopts so-called "alien-based" for the 245(i) benefits and the alien carries with him or her this benefits even after the alien employee is substituted. Consequently, the substituting new employee can not take over the 245(i) benefits which have already been attached to the orginal substituted employee.
- Another relavant issue which may become increasingly important when the visa number becomes over subscribed or retrogressed is priority date. For the substituted alien, he/she keeps the priority date once the I-140 petition has been filed by the employer. In other words, unless the I-140 petition is filed, even if the labor certification has been approved, one loses the priority date if he/she is terminated from the I-140 petition sponsorship. Currently, there is no announced rule on this issue but arguably the substituting alien may also keep the priority date inasmuch as the substituting I-140 petition has been filed by the employer using the analogy of the rule for 7th year H-1B extension benefit. The USCIS should clarify this issue sooner or later.
My case number can be heard within 3 weeks of RD
Hi,
Earlier I saw many postings on this forum, informing that it take 3 to 6 months to hear your case number after the RD.
My case was received in SFO DOL on 08/09/2004. I have not checked my case number on AVM with the assumption that it will take 3 to 6 months to hear about my case status on AVM.
Today, I just tried AVM out of curiosity. It already gives my case status as received and more over this status was updated on 08/09/2004.
It seems SFO DOL is becoming more efficient and updating AVM on the same day of receiving the cae. Or they may updating AZ cases on the same day.
Nirvan
Arizona SWA PD 02/17/04 (non RIR)
DOL RD 08/09/04
Hi,
Earlier I saw many postings on this forum, informing that it take 3 to 6 months to hear your case number after the RD.
My case was received in SFO DOL on 08/09/2004. I have not checked my case number on AVM with the assumption that it will take 3 to 6 months to hear about my case status on AVM.
Today, I just tried AVM out of curiosity. It already gives my case status as received and more over this status was updated on 08/09/2004.
It seems SFO DOL is becoming more efficient and updating AVM on the same day of receiving the cae. Or they may updating AZ cases on the same day.
Nirvan
Arizona SWA PD 02/17/04 (non RIR)
DOL RD 08/09/04
Zany_Brainy
Registered Users (C)
They should be in March
By now. At the rate they were going.
GP111 any news ?
ZB
By now. At the rate they were going.
GP111 any news ?
ZB
get_gc04 said:Any approvals for RD Feb 26, 2003 ? The AVM is up today but I didn't hear about any new approvals
SFDoLRd_082003
Registered Users (C)
Newbie...
Hi all,
I recently started reading this forum and am waiting like all of you at the SF DoL level RIR. Found this forum very informative and helpful. I work for a semiconductor company in the bay area.
Some details of my app are:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Regional Office Case# : 0957****
DOTCode# : 999.172-072
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
LC RiR Filed @State Workforce (SWA) : 09/16/02
Notice of Assessment Issued by SWA : 08/13/03
Case Forwarded to Dept.of Labor (SF) : 08/25/03
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Good Luck to all of You!
Hi all,
I recently started reading this forum and am waiting like all of you at the SF DoL level RIR. Found this forum very informative and helpful. I work for a semiconductor company in the bay area.
Some details of my app are:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Regional Office Case# : 0957****
DOTCode# : 999.172-072
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
LC RiR Filed @State Workforce (SWA) : 09/16/02
Notice of Assessment Issued by SWA : 08/13/03
Case Forwarded to Dept.of Labor (SF) : 08/25/03
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Good Luck to all of You!
- Status