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

Status
Not open for further replies.
Originally posted by INSVictim
Does anyone know if I can apply GC in another state when I work in California. I have been waiting for my LC for over 2 years and totally lost hope for California. I find another company which can support my GC and need me to work in their California office, but they also have an office in Iowa. I know it is OK to apply LC in Iowa when I work in Calfiornia.

Yes, you can apply for LC in IOWA for future job in IOWA. That means you are going to work in IOWA once you get the GC.

How about I-140 and I-485? Any input will be appreciated. Thanks.:confused:


I-140 and I-485 will be filed in CA or
I-140 in IOWA and I-485 in CA.
 
Re: Labor approved after auto remand

Congratulations eb2070601!

Do you mean to say,

you received NOF ( 3 option letter) and your lawyer/HR replied and your case is approved now.

or your case was auto remanded without three option letter and it is approved now.

It will be of great help if you clarify.

Thanks.





Originally posted by eb2070601
Hi,

I received mail from lawyer saying my
labor was approved.

SESA :- July 3 2001
RD :- may3 2002 DOL.
EB2
RIR
MCA 3 years experience.
Sr SOFTWARE ENGG
Infamous DOT code
Company Startup, very small
SF Bay Area
No lay offs, transfer to india subsidary (2 people).
received NOF

Our HR / Lawyer replied with applied canidates

Automatic Remand to state

Apporval letter now :)

job description required 5 yrs with MS or 3 yrs with MS
 
Re: Labor approved after auto remand

eb2070601,

Congratulations!!! Thats great news to see some approvals for infamous DOT code.

At what stage did you get NOF? State or Fed/DOL level?
And by NOF, you mean three options, right?

The autoremand part is confusing, can you clarify on that.
 
I guess lawyer received a 3 option letter, all
he said was INS asked for re advertisement in
paper, he never mentioned 3 options as such.

Our company placed advertisement and replied
with the few repsonses received to the office.

Then INS has auto remanded the case to state.
This I came to know after checking in the DOL AVM.

Now this approval. BTW the approval letter dated
october 22.

This forum helped me a lot, I never wrote any message
before and thanks a lot.

God bless you all
 
Last edited by a moderator:
UPDATE

The following information became available three days ago (Posted on AILA InfoNet at Doc. No. 03102940 (Oct. 29, 2003):

"UPDATE ON DOL ISSUES"

Prepared by Fran Berger, DOL Liaison Chair
October 28, 2003

1. As many of you may be aware, liaison since the annual conference in June of this year has focused on RIR processing issues originating in Region VI with potential impact throughout the Regions. In this regard, we are awaiting the issuance of guidance to the field from DOL HQ, which is expected by mid-November 2003. It is anticipated that the guidance will give some standards for how the longer pending RIR applications will be processed and how we should approach new RIR filings.
2. We are advised the PERM regulation may still be published by year end with implementation scheduled within 120 days thereafter, possibly in March, April or May 2004. DOL HQ plans to schedule approximately four (4) training sessions around the country, prior to the implementation date. During the same period, DOL will be Beta testing PERM software.
3. DOL HQ is moving forward with the creation of two backlog reduction centers, which will be located in Dallas and Philadelphia. Gaithersburg, the pilot backlog reduction center, will close at the end of this calendar year. Once the selection of the contractor is in place (likely to be finalized by the end of this calendar year), it is expected that the centers will be up and running quickly as DOL has the necessary software and training materials from the pilot program. Of course, the backlog reduction effort is contingent upon the availability of funds in the FY 04 budget.
4. With regret, we advise you that Pat Stange of DOL HQ will be retiring at the end of this month. Anyone who wants to wish him well should try to reach him this week."


__________________
 
LC - company based in Nevada

Hi all,

My question might sound a bit off the subject of this forum but I am wondering if any of you, LC applicants, works in Nevada. The company I work for is based in Nevada. Is it possible that California DOL handles cases for states other than California differently ?

Thanks in advance.
 
Re: CA DOL receipt??

The CA DOL is supposed to send a letter to the attorney after it receives the Labor petition from EDD (SESA).

However DOL seems to be taking a HUGE time to do so right now.

All those who got their cases transferred from EDD to DOL in and around August 2003 have not yet received any letters from DOL acknowledging the receipt.

I hope that answers your question.

Originally posted by Ray S.
Does California DOL send a letter or the case# to the attorney
upon a case bieng transferred from SESA to DOL??

Thanks
/Ray
 
DOL Update (Nothing new)

The following is a DOL update on three topics of vital interest to our clients:

1. RIR : As we have previously reported in Spotlight and on ‘News Stories’ on our website, Region VI (the DOL region which has jurisdiction over labor certifications filed in California) had been automatically remanding pending RIR applications to local state employment offices for supervised recruitment without giving employers the opportunity to address any alleged deficiencies. The national Foreign Labor Certification Division of the DOL conducted meetings with lawyers representing the American Immigration Lawyers Association (AILA) in San Francisco over the summer. Jackson & Hertogs hosted the meetings, and one of our partners, attorney Norman Plotkin, attended the meetings in his dual role as a member of the national AILA/DOL liaison committee and as Co-liaison to Region VI for AILA’s Northern California Chapter.

As a result of these meetings, DOL has agreed to halt the RIR remands until a resolution is reached on RIR processing criteria. It is expected that DOL would issue guidance to the field nationwide as to how to process RIR applications. However, the much anticipated release of a field memorandum has been delayed. The latest report indicates that it will be promulgated in mid-November 2003. It is important to note that DOL has previously set deadlines for issuing this memorandum but they have not met them. Therefore, although DOL states that it will be released in mid-November, it will likely be issued at a later date. The guidance will provide criteria for how the RIR applications will be processed and how DOL will handle new RIR filings.

2. PERM: According to DOL projections, the PERM regulations will be published by the end of the year. DOL has advised AILA that implementation of the program will probably occur 120 days after the regulations are published. DOL is planning on scheduling approximately four training sessions throughout the United States. During this period, DOL will Beta test the PERM software.

3. BACKLOG REDUCTION: DOL is establishing two backlog reduction centers. One will be located in Philadelphia and the other will be in Dallas. They will replace the pilot backlog reduction center which was located in Gaithersburg, Maryland. Once a contractor is selected, the centers will be operational as the software is in place and required training was already completed in Gaithersburg.

We will provide you with further updates as they become available.


www.jackson-hertogs.com
 
Receipt from DOL

Jnathan,

My Permanent Labor Priority Date is 10/04/2001 at the SESA (California) and my case was transferred to DOL on 10/03/2002. It has past ONE year I have not received the receipt. Checked with the HR and she says some times (rather most of the times) the DOL does not have the habbit of sending receipts.

I'm really worried since I don't know if there is any way to check the status or the receipt date at DOL. The HR says several enquires by the attorney with the DOL say that the case is with some officer.

Any way to get some answers.

Thanks,
 
Re: Receipt from DOL

CaliGC,

One year is a long period of time and you should have received a receipt from DOL.
I hope your attorney is competent enough and keeps track of correspondences.

You can try calling DOL's AVM number (415-975-4617) and type in your employer's main phone number and see if it gives any status.

Lastly - I dont mean to scare you or anything - there are cases where petitions can get lost while being transferred from SESA to DOL (very rare cases).....see if you can talk to your attorney directly and have him call or write to DOL.

Originally posted by CaliGC
Jnathan,

My Permanent Labor Priority Date is 10/04/2001 at the SESA (California) and my case was transferred to DOL on 10/03/2002. It has past ONE year I have not received the receipt. Checked with the HR and she says some times (rather most of the times) the DOL does not have the habbit of sending receipts.

I'm really worried since I don't know if there is any way to check the status or the receipt date at DOL. The HR says several enquires by the attorney with the DOL say that the case is with some officer.

Any way to get some answers.

Thanks,
 
RIR remmanded in June and certified in Oct.!!!

My RIR was remmanded to CA-EDD in June. After working with a new attorney and providing some additional document in September, the DOL officer reversed their remand decision and approved my RIR in October.

I learned a lesson from this process: never ever give up without a FIGHT! and always use some attorney who is knowlegeable, works hard and aggresively!!!

Hope more people who are in the remanding trouble get lucky.
 
Re: RIR remmanded in June and certified in Oct.!!!

mark2003:
Congratulation!!

Can you give us more details as to what additional documents were provided for your case.
Also details like if your company had layoff or not will be helpful.

Thanks


Originally posted by mark2003
My RIR was remmanded to CA-EDD in June. After working with a new attorney and providing some additional document in September, the DOL officer reversed their remand decision and approved my RIR in October.

I learned a lesson from this process: never ever give up without a FIGHT! and always use some attorney who is knowlegeable, works hard and aggresively!!!

Hope more people who are in the remanding trouble get lucky.
 
mark2003, congrtulation!!!!
Could you please provide more info on how you fight and your attorney's contact number or email? Thanks a lot
 
Re: RIR remmanded in June and certified in Oct.!!!

Congrats Mark!
Do you know what additional documentation your attorney provided?


Originally posted by mark2003
My RIR was remmanded to CA-EDD in June. After working with a new attorney and providing some additional document in September, the DOL officer reversed their remand decision and approved my RIR in October.

I learned a lesson from this process: never ever give up without a FIGHT! and always use some attorney who is knowlegeable, works hard and aggresively!!!

Hope more people who are in the remanding trouble get lucky.
 
RIR remmanded in June and certified in Oct.!!!

Hi Guys,

The additional documents include some letter from my employer explaining the recruit process in more details, one letter form my attorney (I don't know what he said in the letter), and some recruit record. What document you need to prepare depends on what the attorney thinks to be important. So you see how important it is to work with a good attorney who really is knowlegeable and willing to help you out.

I work for a startup company in San Jose. We don't have layoffs (well, some minor layoffs, but it didn't matter because the DOL didn't check this in my case).

The attorney's information:

Jonathan Liang
Practice Limited to Immigration and nationality Laws
Law Offices of Jonathan Liang
100 N. Barranca Street, Suite 703
West Covina, CA 91791
(626) 858-2098
(626) 858-9218 (Fax)
www.lianglaw.com

Go contact him. He knows who refered you to him :)

Hope this helps!
 
RIR remmanded in June and certified in Oct.!!!

Hi Guys,

The additional documents include some letter from my employer explaining the recruit process in more details, one letter form my attorney (I don't know what he said in the letter), and some recruit record. What document you need to prepare depends on what the attorney thinks to be important. So you see how important it is to work with a good attorney who really is knowlegeable and willing to help you out.

I work for a startup company in San Jose. We don't have layoffs (well, some minor layoffs, but it didn't matter because the DOL didn't check this in my case).

The attorney's information:

Jonathan Liang
Practice Limited to Immigration and nationality Laws
Law Offices of Jonathan Liang
100 N. Barranca Street, Suite 703
West Covina, CA 91791
(626) 858-2098
(626) 858-9218 (Fax)
www.lianglaw.com

Go contact him. He knows who refered you to him :)

Hope this helps!
 
Re: RIR remmanded in June and certified in Oct.!!!

Mark2003,

Can you provide your priority dates in SESA and DOL. Also please provide the DOT code and any other information that will help the group track the proceedings.

Thanks and Congratulations!!!

Originally posted by mark2003
Hi Guys,

The additional documents include some letter from my employer explaining the recruit process in more details, one letter form my attorney (I don't know what he said in the letter), and some recruit record. What document you need to prepare depends on what the attorney thinks to be important. So you see how important it is to work with a good attorney who really is knowlegeable and willing to help you out.

I work for a startup company in San Jose. We don't have layoffs (well, some minor layoffs, but it didn't matter because the DOL didn't check this in my case).

The attorney's information:

Jonathan Liang
Practice Limited to Immigration and nationality Laws
Law Offices of Jonathan Liang
100 N. Barranca Street, Suite 703
West Covina, CA 91791
(626) 858-2098
(626) 858-9218 (Fax)
www.lianglaw.com

Go contact him. He knows who refered you to him :)

Hope this helps!
 
Status
Not open for further replies.
Top