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

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Re: Employee Remanded cases

GOOD THOUGHT!!!!!!!! ;)


Originally posted by annuncio
What are these people at DOL and SWE are doing? Let's outsource this work to offshore. Things will be cheaper and faster.
 
I agree with your idea of writing seperately to
Mr Carlson. But we should be requesting the
same thing in our respective letters. When there
are enough letters on his table he will think of
doing something.

BTW, Try calling the following num :
Foreign Labor Certification, Wshington DC, 202-693-3010.
OR
State EDD (California) - 916-464-3400

We can ask them to clarify on Carlson memo.



Originally posted by babaloo
Well, I cannot say that it is nice to see so many employer remanded cases, but nevertheless, we can say that there are some people who share the same pain. It just does not make sense for DOL to exclude the employer-remanded cases from the recent guidance.

I propose we write a letter to :

William L. Carlson, Ph.D.,
Chief, Division of Foreign Labor Certifications,
U.S. Department of Labor,
200 Constitution Avenue, NW., Room C-4318,
Washington, DC 20210.

asking that an addendeum be added to his historical memo, to also include employer-remanded cases and accord it the same status as auto-remanded cases.

We could take a joint initiative or go separately i.e write individual letters. The idea behind Carlson memo, was to reduce the backlog of DOL, and to make way for the eventual implementation of PERM. If such is the intention, then I am sure that the reason that employer-remanded cases were not addressed, was in fact, an oversight. If we bring this oversight to the attention of Carlson, then I feel, he will act upon it. Of course, more the number of letters/beneficiaries the better.

I think the LC has kept us in a limbo for a long time and now its high time we took some action on improving our situation. If anybody else has any other suggestions, its high time for you to come out with those alternatives.
 
Can somebody post a sample letter

It would be a good idea if someone could post a sample letter that we could sign and post to DOL. I know i am not good at it, someone could take up that challenge and i'll definitely post it.

Tx
 
Re: Any update on DOL receipt?

My case was sent to the SF DOL on Aug 11 2003 and the receipt was sent to my lawyer on Dec 29 , 2003
 
Thanks babaloo. I concur with your idea. It would be good if every one write a seperate letter and sends it.


Originally posted by babaloo
Well, I cannot say that it is nice to see so many employer remanded cases, but nevertheless, we can say that there are some people who share the same pain. It just does not make sense for DOL to exclude the employer-remanded cases from the recent guidance.

I propose we write a letter to :

William L. Carlson, Ph.D.,
Chief, Division of Foreign Labor Certifications,
U.S. Department of Labor,
200 Constitution Avenue, NW., Room C-4318,
Washington, DC 20210.

asking that an addendeum be added to his historical memo, to also include employer-remanded cases and accord it the same status as auto-remanded cases.

We could take a joint initiative or go separately i.e write individual letters. The idea behind Carlson memo, was to reduce the backlog of DOL, and to make way for the eventual implementation of PERM. If such is the intention, then I am sure that the reason that employer-remanded cases were not addressed, was in fact, an oversight. If we bring this oversight to the attention of Carlson, then I feel, he will act upon it. Of course, more the number of letters/beneficiaries the better.

I think the LC has kept us in a limbo for a long time and now its high time we took some action on improving our situation. If anybody else has any other suggestions, its high time for you to come out with those alternatives.
 
Employer remanded cases

Ok.. in that case, I will work on a draft letter and post it here. Everybody affected can modify it according to their circumstances and then mail it to Carlson. I shall try to have it in by Monday.

I do not know whether everybody calling the DOL and obtaining updates on the Carlson memo, will further our case for a speedy decision. By doing so, we may only be annoying the lowest level of people. Our efforts need to be directed towards influencing the highest level of people in the DOL, prodding them to act favourably.

Bhadrinath, can you summarize the Carlson memo based on the discussion that you have with the DOL over phone ? We all know the general guidelines, but if there is something else that has come to your attention, please post it to this forum.

Again I urge the silent observers to try and contribute your status/opinion to this forum. No matter how little you think your contribution may be, overall it will help a lot of people.
 
Re: Employer remanded cases

I found a good site for the summary of Carlson memo -
http://www.tafapolskyandsmith.com/news/2003dec8a.html
(especially read the last para).

When I called the CA DOL state office to get the clarrification
on Carlson memo regarding employer chosen remands, the
person on the other end refused to talk to me about that
since I am not an attorney or the employer. She said that
they cant discuss these things with anyone else but an
attorney....
So that door was shut too :-(

-----

Originally posted by babaloo
Ok.. in that case, I will work on a draft letter and post it here. Everybody affected can modify it according to their circumstances and then mail it to Carlson. I shall try to have it in by Monday.

I do not know whether everybody calling the DOL and obtaining updates on the Carlson memo, will further our case for a speedy decision. By doing so, we may only be annoying the lowest level of people. Our efforts need to be directed towards influencing the highest level of people in the DOL, prodding them to act favourably.

Bhadrinath, can you summarize the Carlson memo based on the discussion that you have with the DOL over phone ? We all know the general guidelines, but if there is something else that has come to your attention, please post it to this forum.

Again I urge the silent observers to try and contribute your status/opinion to this forum. No matter how little you think your contribution may be, overall it will help a lot of people.
 
Re: LC Approved

hi blkhawk
congrats for approved labor.

I have a question.
your application reached DOL at SFO on March 2003
how come websites showing that SFO DOL currently process Nov 2002 apps ?
My application was filed in Calif itself (Aug 2002) and was sent to DOL on Jul 2003.
Based on your processing can I assume that mine will be done in 4-5 months ?
Anybody with same time lines ?

thanks for your time and help.


Originally posted by blkhawk
Hi Everyone!

I have some good news to share with you. My LC was finally approved according to an email from my attorney this morning. I know you want to know more details so here is some info:

Large company (8000 employees worldwide) in Nevada
SESA date June 2002
DOL date March 2003
LC approved Jan 2004 (don't know exact date)
EB3-RIR - I carry a MS in Computer Engineering - my work is more into Software Engineering.

I almost lost hope since my Labor was filed with a requirement of a BS+0 years ....

Good luck to all of you and never lose hope ..
 
Re: Re: LC Approved

Sorry. I forgot to mention that mine was applied in EB2 RIR category. my company is a small size consulting. but never had any kind of remarks.

thanks

Originally posted by calif_guy
hi blkhawk
congrats for approved labor.

I have a question.
your application reached DOL at SFO on March 2003
how come websites showing that SFO DOL currently process Nov 2002 apps ?
My application was filed in Calif itself (Aug 2002) and was sent to DOL on Jul 2003.
Based on your processing can I assume that mine will be done in 4-5 months ?
Anybody with same time lines ?

thanks for your time and help.
 
Re: Re: LC Approved

I think the correct date is Sept. 2002. I don't know why blkhawk's case was certified so quickly. Probably because it was filed in Nevada. I have a friend whose LC was sent to DOL in Feb, 2003 and has not heard anything from DOL. Mine was sent to DOL in Sept. 2003.

Originally posted by calif_guy
hi blkhawk
congrats for approved labor.

I have a question.
your application reached DOL at SFO on March 2003
how come websites showing that SFO DOL currently process Nov 2002 apps ?
My application was filed in Calif itself (Aug 2002) and was sent to DOL on Jul 2003.
Based on your processing can I assume that mine will be done in 4-5 months ?
Anybody with same time lines ?

thanks for your time and help.
 
Re: Employer remanded cases

I am in the same boat of Employer remanded cases. However, it is even worse. The requirement is MS+0 years. I am not sure how many people in the same boat with mine. I will definitely support this letter. However, my attorney expected that if it return back to DOL , then it will be remanded to SWA again since it does not qualify for the immediately certifying requirement. Anybody in the same boat?


Originally posted by babaloo
Ok.. in that case, I will work on a draft letter and post it here. Everybody affected can modify it according to their circumstances and then mail it to Carlson. I shall try to have it in by Monday.

I do not know whether everybody calling the DOL and obtaining updates on the Carlson memo, will further our case for a speedy decision. By doing so, we may only be annoying the lowest level of people. Our efforts need to be directed towards influencing the highest level of people in the DOL, prodding them to act favourably.

Bhadrinath, can you summarize the Carlson memo based on the discussion that you have with the DOL over phone ? We all know the general guidelines, but if there is something else that has come to your attention, please post it to this forum.

Again I urge the silent observers to try and contribute your status/opinion to this forum. No matter how little you think your contribution may be, overall it will help a lot of people.
 
Re: Re: LC Approved

Considering that EDD will be taking until April to forward all remanded applications back to DOL, and DOL as is currently giving priority those cases, dont expect (but always hope :))any certification for cases in 2003 untill the later half of this year.

001
Originally posted by calif_guy
hi blkhawk
congrats for approved labor.

I have a question.
your application reached DOL at SFO on March 2003
how come websites showing that SFO DOL currently process Nov 2002 apps ?
My application was filed in Calif itself (Aug 2002) and was sent to DOL on Jul 2003.
Based on your processing can I assume that mine will be done in 4-5 months ?
Anybody with same time lines ?

thanks for your time and help.
 
what about bs+0years experience....

Hi..

I have a question regarding this BS+0 years experience.

My case details....
dot code.... 999-151-021
sesa: october 7th 2001
dol:september 30th 2002
remanded to state: july 15th 2003 avm shows still same status...

Actually when applied for GC thru this company I have 6 years of experience before joining the company.. But lawyer applied with BS+0 YEARS of exp... I don't know why he did that...
So my question is dol or sesa how they will consider this experience. Do they consider my actual experience or what ever that stupid lawyer put in that application...

If they will consider my actual experience it will come back to dol isn't it?
If they don't consider what are all my options...
Please help me...

Regards
SEENU
 
Ksrinu

DOL is not going consider your experience, it is the experience requirement for the LC app. According to the new Memo if the LC app has been applied requiring BS+0 yrs then those app will not be returned back to DOL.

The reason why your lawyer would have done BS + 0 is to avoid unnecessary queries from DOL, that indeed was one point of time. But now for these remanded cases the BS+0 has really become a bad factor.

Not to dishearten you but thats the fact I know of. Hopefully DOL will make a new decision to consider doing the remanded BS+0 also.
 
Employer remanded cases

Employer Remand case people:

Not a good news - Following is the email response I received
from our lawyer :

******
We have been waiting for confirmation from DOL as to whether cases remanded at the request of the employer will benefit from the Carlson memo. Based on the information I have been receiving, the Carlson memo does not help cases like your and they will stay at EDD and not be remanded back to DOL.

Unfortunately fairness is not an issue here. The purpose of the memo was to address the "auto remands" where the employer was not given a choice as to whether to readvertise or have the case remanded. I agree with you that it was not fair.

******
:( :mad:
 
Re: what about bs+0years experience....

Originally posted by ksrinu

Actually when applied for GC thru this company I have 6 years of experience before joining the company.. But lawyer applied with BS+0 YEARS of exp... I don't know why he did that...
So my question is dol or sesa how they will consider this experience. Do they consider my actual experience or what ever that stupid lawyer put in that application...

If they will consider my actual experience it will come back to dol isn't it?
If they don't consider what are all my options...

Well, you might get lucky and DOL may give you an option to modify your application and then retest the market.

Maybe then you can use your experience. Check with your lawyer and see if this is an option. Ofcourse, your company has to also agree to retest the market. So, hope for the best.

- lsk_gc
 
Re: Re: Re: LC Approved

Yup. As the case was from Nevada, it has a different processing queue.

Originally posted by matrix1
I think the correct date is Sept. 2002. I don't know why blkhawk's case was certified so quickly. Probably because it was filed in Nevada. I have a friend whose LC was sent to DOL in Feb, 2003 and has not heard anything from DOL. Mine was sent to DOL in Sept. 2003.
 
Re: Re: LC Approved

I am in the same time line. Mine went to DOL in January 2003.


Originally posted by calif_guy
hi blkhawk
congrats for approved labor.

I have a question.
your application reached DOL at SFO on March 2003
how come websites showing that SFO DOL currently process Nov 2002 apps ?
My application was filed in Calif itself (Aug 2002) and was sent to DOL on Jul 2003.
Based on your processing can I assume that mine will be done in 4-5 months ?
Anybody with same time lines ?

thanks for your time and help.
 
Remaded Cases

I was checking the AVM and was trying some random case # and arrived at the following

DOL has re-processed the Remanded cases which has RD at DOL as Sep 16/2002.
Another finding is DOL has completed action (or issued NOF) for cases returned to DOL from SESA by Dec 31/2004.
 
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