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

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Re: DOL Response after Certification

Congrats RDDI,
I have same DOT code as yours. my case remanded on june 4 03. looking at your approval I have some hopes.

Thanks
Happybee


Originally posted by RDDI
Details below:

Intial Filed Date: 7/2001
DOL RCD: 4/2002
Remanded to State: 4/2003
Return after a remand: 9/2003
Certified : 1/2004
Code: 151.081

AVM says my labor is certified on Jan 13th and attorneys haven't received any official notification on paper yet. It has already been a week.

How long it generally take to receive this official notification afer your labor is certified? Does any body know?
 
Posting for the first time

Hello Ladies and Gentleman,

My case: LC was filed in Dec 2002; It cleared SESA and was sent to DOL SF on Nov 19th 2003. It is an RIR case.

I see postings of folks who say their remanded cases that were sent back to DOL after June 2003 are getting approved. Does that mean DOL is giving a better priority for Returned-to-DOL-from-Remand cases?

I ask this because, the regular RIR processing time still says November 2002.

How soon can I expect to see my case to be looked at.

Thank you folks.

It's no big deal....We are valuable anywhere we are!:)
 
Is AVM working ? I am trying it for past three days without any success. It keeps on ringing.

Please let the group know.
Thanks
:confused:
 
LC approval

my lc has been approved 1/21/04

sesa priority date 8/26/01
remanded on 7/10/03
approved 1/21/04
 
srpot

First of all, Congratulations on ur approval

Can u please give more info abt ur case like

DOL Receive Date
Dot Code
when it was returned to DOL after a remand
 
LC was received at DOL on Sept 23 2002
DOT code: 151-XX-32 (famous dot code)
I dont know when it was received at DOL after remand. The status says its still remanded till 1/20/2004. When I tried to check on my approval today to see the updated status, its not woirking. My lawyer informmed on the approval.

Hope this helps.
My company is Bay Area company (5000) without layoffs. RIR, Required experience is MS + 2 years.
 
Cases that get remanded to the state workforce agency (SWA) are taking several years longer because there is a huge backlog. The SWA is still working on cases from April of 2001. What will hapen is that once they get to your case, your company will have to place an ad for your position and all of the resumes go to the SWA for review. They will then send resumes that they feel are qualified to your employer to interview.

Last year, the DOL was sending letters to companies that gave them 3 options on their RIR cases
1) Withdraw the applicaiton
2) Remand it to the state for supervised recuitment
3 Retest the market by running a one day ad and supply recruitment results.

If the recruitment results showed that there were qualified US workers available, the best option is to remand the case to the state. This at least keeps the process going.

There has now been a new memo issued by the DOL (November 03) that indicates that cases that have a BA+3 or MA + 6 mos will be reviewed as RIR. Any cases with less than that will have to be remanded to the state.
 
Hello1

More Info regarding my case.

Case#: 0953XXXX
DOT: 999-151-021
SESA Priority Date: Oct. 4, 2001
Sent to DOL: Oct. 3, 2002
DOL Receipt date: Oct. 8, 2002
Current state : Remand to State on 7/22/03.

HR says she was was not aware of the case number until yesterday. Also, she says that there is NO letter or mail from DOL about the case being remanded.

MY Job profile is BS + 1.6 years experience when the labor application was filed. Though mine is a RIR case my company does not run specific ads for each person rather it runs a general adv. saying there are multiple opeanings for various jobs, but there are NO layoffs. Any idea what the next course of action is or when the case will be re-reviewed.

Thanks in advance
 
>>Any cases with less than that will have to be remanded to the state.

This is untrue, The certifying officer will have to look at the recruiting data, if satisfied they can certify the LC, otherwise they have to issue the 3 option letter.

001
Originally posted by tpenwell
Cases that get remanded to the state workforce agency (SWA) are taking several years longer because there is a huge backlog. The SWA is still working on cases from April of 2001. What will hapen is that once they get to your case, your company will have to place an ad for your position and all of the resumes go to the SWA for review. They will then send resumes that they feel are qualified to your employer to interview.

Last year, the DOL was sending letters to companies that gave them 3 options on their RIR cases
1) Withdraw the applicaiton
2) Remand it to the state for supervised recuitment
3 Retest the market by running a one day ad and supply recruitment results.

If the recruitment results showed that there were qualified US workers available, the best option is to remand the case to the state. This at least keeps the process going.

There has now been a new memo issued by the DOL (November 03) that indicates that cases that have a BA+3 or MA + 6 mos will be reviewed as RIR. Any cases with less than that will have to be remanded to the state.
 
Any approvals after three option letter ?

Any approvals from DOL afterthe case is remanded with the three option letter?

thanks
 
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processing of cases that had 3 option letter

hi Jinx,
I am in this situation where my LC application was remanded
to the state office after my employer received the 3 option letter.
From what I have heard from some other message boards, these
cases are not being covered by the Nov 03 memo. But rumour has that, DOL is considering another memo for such cases soon.
Lets hope for the best !!!
 
Hi bhadrinath,

I also heard the same rumour but i am not sure how much of it is true. My LC is also remanded to state with three option letter. Hope the rumour is true.

thanks
 
Good to hear the rumor getting validated by two persons. My attorney told me in clear terms that he cannot request that the case be moved back to DOL. He said that my only hope was, if any, a guidance from DOL, regarding employer-remanded cases. I have no way of confirming that he has any advance information, but it would seem logical for DOL to issue a favourable guidance regarding employer-remanded cases. After all, their intention is to reduce the workload on EDD.
 
guidance regarding rir cases

Hi All,

I have been hearing that all labor applications where the job requirement is B.S. + 3 YRS or M.S + 6 Months of experience are getting certified without any retesting.
Is this completely true.

Thanks
Ravi

DOL Received Date :Aug 14 2003
 
same boat : remanded to state after

3 options letter...

I just hope the rumour is true and we get some good news soon.
 
From our HR

Hello AILA:

I have some very good news. The Certifying Officer in Region VI, Martin Rios, has agreed to make an exception on the effective date of the Carlson memorandum for California. This means that all of the worker availability remands that we have already sent back to DOL will remain at DOL to be reconsidered --regardless of when they were remanded to the CA SWA. My understanding is that this exception only applies to California-as we were the only state with such an enormous volume of these remands.

To date, all worker availability (WA) remands with requirements that exceed a BS and zero that were received by the CA SWA through August 2003 have been returned to DOL. We hope to have all remaining WA remands with requirements that exceed a BS and zero sent back to DOL no later than April 1, 2004. WA remands that require only a BS and zero will NOT be returned to
DOL. They will remain with the CA SWA to be worked as regular cases, in accordance with DOL remand instructions.

WA remands that are subject to the Retest Provisions in the Carlson memorandum (more than BS and zero but less than BS and 3 years or MA and 6 months) may be modified or amended. DOL will be conducting the retest of the labor market for these cases. Amendments may be submitted directly to DOL once the employer has been offered the option of retesting the labor
market. Amendments that are sent to the CA SWA will be returned to the senders so please DON'T send them to us.

Deborah Cusimano, Chief
Foreign Labor Certification Office
Employment Development Department
 
Please pardon my ignorance and provide answers to the following:

(1) What is the source of this info
(2) Does it mean the three option letter cases where employer requested the remand are also being sent back
(3) Does the MS+6mnths or BS + 3yrs has to be the job requirement or applicants experience. I know for fact my company applied for most of us as MS+0 as that was the norm in '01.
 
Re: Surya369

(1) What is the source of this info.
Ans: From the HR who takes care of GC processing in our Org. She forwared to all employees whose labor are pending.

(2) Does it mean the three option letter cases where employer requested the remand are also being sent back
Ans: I donno

(3) Does the MS+6mnths or BS + 3yrs has to be the job requirement or applicants experience. I know for fact my company applied for most of us as MS+0 as that was the norm in '01.
Ans: Well I'm in the same boat too. I had BS+1.6 years experience when the labor was filed. The last para somewhat says that these cases a market re-test would be requested.
 
Re: From our HR

Hi CaliGC,
Thank you for posting this wonderful news item. Good news after a long time....! Could you also share the date when
this memo was released ?
Also, since your HR has been so
kind to give you this info, would you also ask them if this applies
to people whos applications have been remanded following
3 option letter.

thanx again !!

Originally posted by CaliGC
Hello AILA:

I have some very good news. The Certifying Officer in Region VI, Martin Rios, has agreed to make an exception on the effective date of the Carlson memorandum for California. This means that all of the worker availability remands that we have already sent back to DOL will remain at DOL to be reconsidered --regardless of when they were remanded to the CA SWA. My understanding is that this exception only applies to California-as we were the only state with such an enormous volume of these remands.

To date, all worker availability (WA) remands with requirements that exceed a BS and zero that were received by the CA SWA through August 2003 have been returned to DOL. We hope to have all remaining WA remands with requirements that exceed a BS and zero sent back to DOL no later than April 1, 2004. WA remands that require only a BS and zero will NOT be returned to
DOL. They will remain with the CA SWA to be worked as regular cases, in accordance with DOL remand instructions.

WA remands that are subject to the Retest Provisions in the Carlson memorandum (more than BS and zero but less than BS and 3 years or MA and 6 months) may be modified or amended. DOL will be conducting the retest of the labor market for these cases. Amendments may be submitted directly to DOL once the employer has been offered the option of retesting the labor
market. Amendments that are sent to the CA SWA will be returned to the senders so please DON'T send them to us.

Deborah Cusimano, Chief
Foreign Labor Certification Office
Employment Development Department
 
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