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

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Remand case

Hello Everyone whose case got remanded to state:

Can someone tell me did you guys receive notice from DOL when your case got remanded to state? The reason I ask is that I didn't receive anything. I am so worry that my case got lost. Anything input is very appreciated. Thank you in advance.
 
Labor approved !!!

DOT Code : ending in 032
Catg : EB2 - RIR
Priority Date: Nov 2001
State Labor Approval : Oct 2002
Federal Labor Approval : Dec 2003
Qualification: B.Tech + 5 yrs of work exp
Requirements : B.Tech + 3 yrs work exp or MS + 1 yr ex

No remand letter to state received. A straight forward process , took a long time to clear.

Best of luck to all of you.

N*Star
 
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Please Advice

I am working for an Indian Consulting company based in bay area since 4 years. My case got remanded in early June 2003. My case status is still in remand. it has been 2 1/2 years. I survived the recession but lost to DOL

My employer has approved labor but he is not willing to do substitute labor. My employer policy is more frustrating than DOL policy. He will not do concurrent filing. He delays 4-6 months to file 140 after labor is certified and 4-6 months delay to file 485 after 140 is cleared.

I have decided to change my employer. This is my new year resolution.

I have 2 years left on my H1b. I need some help from the forum gurus.

Which state is the safest for GC processing even if it is not the fastest?
Do I need to have experience certificate for work with US employer? I am not sure if my employer will give me an experience certificate if I quit.

please advice
 
Re: Re: Certified

Experience in device drivers, tcp/ip etc. Req is for BS + 3years of experience

Thanks,
j1m

Originally posted by rk4gc
Congrats j1m!!!

A case in 32 too. Can you post Education and Experience requirements please.

Good luck in 140 and 485.
 
Re: Remand case

My case was remanded to state acording to AVM and we also didn't get any letter regarding this.

j1m

Originally posted by xl123
Hello Everyone whose case got remanded to state:

Can someone tell me did you guys receive notice from DOL when your case got remanded to state? The reason I ask is that I didn't receive anything. I am so worry that my case got lost. Anything input is very appreciated. Thank you in advance.
 
4beegie

I'm in similar situation. DOL denied my LC even though i'm eligible according to new guidelines. Reconsideration is filed, hopes are diminishing but still there.
 
Hanuman

What are the details of your case. Dot, when filed, Exp, Nofs, and others.

Mine are as follows:

DOt- 032 (software)
RIR, EB2
MS + 0 years
large bayarea comp
PD - June '01
RD - March '02
1 NOF - Jan '03
2 NOf - April '03
Denied - July '03
Reconsider app - Sep '03

So its been 2 1/2 years already.

I was told by my lawyer that after they filed the reconsideration application the Co wsa waiting for the DOL guidlines. And now they are out not sure what are they going to do with Denied cases. The ruling doesn't say anything about it. Do you have any clue? Did you ask your lawyers??

Lemme know what info do you have in this regard.

Does anyone in the forum know how are the denied case going to be handled??

Thanks
 
Re: Please Advice

Originally posted by wanna_my_GC
I I am not sure if my employer will give me an experience certificate if I quit.

By law they have to give you an experience certificate if you ask for it. It does not matter how you quit, you are entitiled to a letter that details your starting date, last date and job title during that period.
 
LC Status...Please reply...

Hi,

My company filed for my LC in Sep 2001 (RIR EB2) from CA and it got cleared from SWA and moved to DOL, San Francisco in Sep 2002.
After a long wait in DOL, SFO, it was Remanded to state in June 2003.

Out of curiosity, I did a check yesterday and the automated tel number in SFO tells this:

As of Dec 02, 2003:
Has been returned by the state after a Remand.


My question here is how my case was fast to go back to DOL after it was remanded to state in June 2003.
Also, since right now, my case is in DOL, SFO again, how long is the wait time based on the processing times at DOL, SFO.
Is it now in RIR or Non-RIR?

FYI: DOL, SFO is processing RIR (11/2002) and Non-RIR (08/2002)
(as per immigration.com processing times)


Would appreciate expert replies.

gc1971
 
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Re: Please Help.. need advice

I guess the problem is that you got the 7th year because of pending LC, if you leave your current job - what happens to your LC? If your old company withdraws the LC, then the basis for your extension does not hold, so I doubt you will be able to switch... but check with your lawyers there could be some loop hole which could be used.

001
Originally posted by futurisbright
My case was received in regional office on Oct 8 2002. The AVM still just says received any ideas what is going on... The AVM has always said this.. no remand or certified.. just received

Also, another question.. I am in my 7th externded year now.. does anyone know if I can change jobs.. if the new company is willing to do whatever it takes?

Please helpp....
 
Hi KrishnaMK,

I am kind of in similar situation as you are in. 7th year , 2yrs in LC,
remanded to employer.
I am thinking of substitute labor too....

Please email me at gclabor@yahoo.com.
 
I have a question about future GC application.

If I am working for this company and don't want to leave it at any time and file for a future GC from some other state from another company. Do I really have to join this other company when I apply for 485 or can i just stay with my current employer and just transfer my 485/gc. Is this possible??

how would this thing wor if I dont want to leave my current employer and try to get the gc done fron other state with another company.

Please let me know.
Thanks
 
That is illegal to do so. Each stage of GC is to be applied with the intent of joining the company which is sponsoring you. Why would a company, other than to circumvent the laws, apply for you when you have no intention of joining them? This will be counted as immigration fraud and your GC may be revoked when INS finds out.

001
Originally posted by 4beegie
I have a question about future GC application.

If I am working for this company and don't want to leave it at any time and file for a future GC from some other state from another company. Do I really have to join this other company when I apply for 485 or can i just stay with my current employer and just transfer my 485/gc. Is this possible??

how would this thing wor if I dont want to leave my current employer and try to get the gc done fron other state with another company.

Please let me know.
Thanks
 
4beegie

My Details:

DOT Code: Don't know (lawyer says HR should request from them)
Job Title: Software Engineer
Job Requirement: MS + 2 years (I had MS + almost 3 years)
Track and Category: RIR, EB2
Job Location: Bay Area
Company Size: Large
PD at SESA: July, 01
Query in Sesa (lawyer gave no details to me)
Transfered to DOL in April 02
NOF from DOL in May 03 (lawyer gave no details to me)
Lawyer replied within couple of weeks
DOL waited for guidelines to reply the reply of NOF.
DOL denied in second week of December
Lawyer has filed for reconsideration (according to HR this should allow me for 7th Year extension)
 
Hanuman

Do you know the reason of denial?

whats the name of your company (you can send me a personal message if you wish).

Thanks
 
Originally posted by lca_001
That is illegal to do so. Each stage of GC is to be applied with the intent of joining the company which is sponsoring you. Why would a company, other than to circumvent the laws, apply for you when you have no intention of joining them? This will be counted as immigration fraud and your GC may be revoked when INS finds out.

001


If I know the company owners and they are willing to file what is the work around.?

Say i start the process with this other company and after 485 aproval just join the company and not leave my current employer. And then leave this other company after some time and continue working with my current employer as a resident.. Is this all possible??

I just want to know how this thing can be worked around. Does anyone have a clue about this??

Thanks
 
LC certified

I just got a email from my lawyer regarding my certified LC.

SESA PD: 12/2001
DOL RD: 11/2002
DOL AD: 12/2003
DOT: 999.172-141 (Mechanical Engineer)
Job requirement on the application: MS+0 year of experience
Location: Bay Area, small company of about 30 people

Good luck to all of you guys.
 
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Need info

Hi,

My DOL date is 12/19/2002 and I have'nt received any case number from my lawyer. Can some one whose date is approximately near my date can share his or her info with me please.

Thanks
 
Re: Re: Certified - 100% Auto remanded case

Originally posted by jnathan
Congrats!
I guess it is not "unjustLC" anymore in ur case. :)

Are you suggesting that I should now RECALL my id?
That may not sound out of place in this age of RECALL though.
And I wish I could RECALL the time wasted in this silly
game as well. ;)
 
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