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

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Re: Substitution

Yes, theoretically you will have to go there after you get the GC. But the truth is you are free to work for any company by then, since you already get your GC. However, I think Chicago got the same remanding issue as we did in California, so I don't think it's gonna help you at all.

Suppose my company has an office in California & Chicago, and due to the situation here in California were willing to file an
additional labor cert. application in Chicago, does that mean I
need to relocate to Chicago at some point ?
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DOL tone talker confusion

Hi spice and nathan,

I tried a good half an hour with different combinations and i did find cases in August 2003 (11th, 18th, 19th etc)-you can try these numbers 09571600 or 09571802 etc...but i just couldnt pinpoint july cases - july 2nd was the best i could get - so the numbers seem to be of no consequence to the order - what else is in order at the DOL :)

so july cases are somewhere hidden - so not to worry - my case was transfered to DOL on july 9th.

buckleup1
 
buckleup1

Thanks a lot for your prompt reply.

Yes it is confusing indeed.I am going to try these numbers and see if it works.:rolleyes:
 
Complicated situation - Your suggestions needed

Hello Forum,

My situation is as follows:

My 6 yrs on H1b expire by Sep,30,2004
Currently my LC is filed, it is with DOL, RD: Nov 15,2002 (Sorry for the typo, it is not 2003 :))
DOT Code:999.131-111

My lawyer is suggesting to file a new case before end of Sep,2003 so that I can make avail of the 365 days+ rule based on which the H1b will can be extended every year

My Questions:
1> If I file a new case does that invalidate my existing case?
2> Is waiting out for the result of the existing case better than filing a new case, taking a risk that at most my case will be remanded?
3> I have a LC substitution option that I am currently probing into, this approved LC is for a position similiar to mine, however I do not have the same educational qualifications, it is a business development position?? What are my chances??

Your response will be appreciated.

Regards,
SS1123
 
So what does it mean? I asked my lawyer and he is saying that we will not hear about it dec or so. They are telling me it is not remanded or anything. I did try everything including tax ID, phone number, everythng..

Again
RD at DOL Oct 7th 2002...

Waiting.. no news since then...
 
Re: Complicated situation - Your suggestions needed

ss1123,

I don't think your employer can file 2 LC's on your behalf in the same state. You mentioned that your LC is in DOL that means you already passed 365+ mark and you are eligible to file 7 the year extension after march 2004 (6 months before your H1 expire date).
Even though your application gets remanded you are eligible for 7th year extension. Seems DOL stopped remanding cases to SESA and reworking on the cases already remanded.
If I am in your shoes I will wait for the DOL result. If its certified fine not then I will choose the substitution option.This is only my opinion.

Originally posted by ss1123
Hello Forum,

My situation is as follows:

My 6 yrs on H1b expire by Sep,30,2004
Currently my LC is filed, it is with DOL, RD: Nov 15,2002 (Sorry for the typo, it is not 2003 :))
DOT Code:999.131-111

My lawyer is suggesting to file a new case before end of Sep,2003 so that I can make avail of the 365 days+ rule based on which the H1b will can be extended every year

My Questions:
1> If I file a new case does that invalidate my existing case?
2> Is waiting out for the result of the existing case better than filing a new case, taking a risk that at most my case will be remanded?
3> I have a LC substitution option that I am currently probing into, this approved LC is for a position similiar to mine, however I do not have the same educational qualifications, it is a business development position?? What are my chances??

Your response will be appreciated.

Regards,
SS1123
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Re: Complicated situation - Your suggestions needed

As mentioned earlier you should be able to take advantage of the 365 days rule even if your petition is remanded (worst case scenario).

Wait for the result of your labor petition before you do anything else.

As for labor substitution - consult another attorney before you venture into it - there are a lot of intricacies such as the degree, when you obtained your degree as opposed to when the original person obtained his degree and a lot of other things.


Originally posted by ss1123
Hello Forum,

My situation is as follows:

My 6 yrs on H1b expire by Sep,30,2004
Currently my LC is filed, it is with DOL, RD: Nov 15,2002 (Sorry for the typo, it is not 2003 :))
DOT Code:999.131-111

My lawyer is suggesting to file a new case before end of Sep,2003 so that I can make avail of the 365 days+ rule based on which the H1b will can be extended every year

My Questions:
1> If I file a new case does that invalidate my existing case?
2> Is waiting out for the result of the existing case better than filing a new case, taking a risk that at most my case will be remanded?
3> I have a LC substitution option that I am currently probing into, this approved LC is for a position similiar to mine, however I do not have the same educational qualifications, it is a business development position?? What are my chances??

Your response will be appreciated.

Regards,
SS1123
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Hi futureisbright

Employer phone number is the best way to get case number.

For big company it is usually the phone number of "immigration specialist" who works with you on visa issues . Or phone number of HR personell which works for your sub-organization or your manager's direct number.

For small comapy it is normaly main comapny number or manager's number.

My case was also recieved by DOL on 7th Oct. When I checked AVM , I hear that my case is remaneded to state on July 18th.

However lawyers say they havent recieved anything from DOL and they dont believe the case is remanded. I asked them to check AVM but they do not want to do that either! They do not tell why they dont check AVM neither to me nor to my manger !

Do let me know if you hear anything about your case.
All the best,
apms

Originally posted by futurisbright
So what does it mean? I asked my lawyer and he is saying that we will not hear about it dec or so. They are telling me it is not remanded or anything. I did try everything including tax ID, phone number, everythng..

Again
RD at DOL Oct 7th 2002...

Waiting.. no news since then...
Click to expand...
 
Re: Complicated situation - Your suggestions needed

Hi ss1123,
My case was transfered to DOL oct 7 2002 in RIR. I see from AVM that the case is remanded. Lawyers however are not aware (?) of it.

They are suggesting my employer to fle a new case in non-RIR and withdraw the old case, for following reasons -

1> The chances of getting the old case ceritified is close to none in this economy.

2> If the old case gets remanded to state and goes back to SESA as non-RIR , still chances of getting it ceritified are none, this is because the cases filed for RIR have too generic description that can fit anybody in the market today. Non-RIR cases can have some specifics.

3> PERM can be published by end of sept , if that happens we will not be able to file labor in old format (non-RIR / RIR ) and my company will not be eligible to apply for PERM due to economic conditions.

4> My visa expires Jan 2005.

Therefore my lawyers think the best way is to wthdraw the old app and apply for non-RIR labor afresh now. Which will let me atleast increment my H1 but they dont now when (and if ever ) I will get my labor certified.

I do not see any other option anyway so probably will go with what lawyers are suggesting.

Hoping this will help.
Regards,
apms

Originally posted by ss1123
Hello Forum,

My situation is as follows:

My 6 yrs on H1b expire by Sep,30,2004
Currently my LC is filed, it is with DOL, RD: Nov 15,2002 (Sorry for the typo, it is not 2003 :))
DOT Code:999.131-111

My lawyer is suggesting to file a new case before end of Sep,2003 so that I can make avail of the 365 days+ rule based on which the H1b will can be extended every year

My Questions:
1> If I file a new case does that invalidate my existing case?
2> Is waiting out for the result of the existing case better than filing a new case, taking a risk that at most my case will be remanded?
3> I have a LC substitution option that I am currently probing into, this approved LC is for a position similiar to mine, however I do not have the same educational qualifications, it is a business development position?? What are my chances??

Your response will be appreciated.

Regards,
SS1123
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Hello All,

Thanks for some of your responses! After talking to my lawyers today we have decided to wait for the results out of my exisiting case with DOL.

Lawyers are suggesting that we file a new case once we know something and then I will have to leave the country from time to time to gain the 365 day advantage on the new case.

The LC substitution is getting political!!!

Regards,
SS1123
 
Hi Jnathan...

So, I called the AVM with my work number - they actually used my lawyers central number.. saw it in the application.. But, all the AVM says is that they have a case received in Sept 2000 and it is received.. no other cases.. wonder what is going on.. dude wonder if it is just better to kick them in the nuts and go back to india...
 
futurisbright,
I found out the phone number that was given in my application (from my attorney) but still I get the same 'phone number cannot be located'.

Sometimes I do think it is just better to pack bags and leave...the whole thing is probably not worth it.......
In fact I have been avoiding talking about a salary review with my manager,though I'm due for one, because I'm afraid that a salar change would cause a problem for my GC........what a life......

Originally posted by futurisbright
Hi Jnathan...

So, I called the AVM with my work number - they actually used my lawyers central number.. saw it in the application.. But, all the AVM says is that they have a case received in Sept 2000 and it is received.. no other cases.. wonder what is going on.. dude wonder if it is just better to kick them in the nuts and go back to india...
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Ray S.

DOL will send a Receipt to your attorney which will have your case number (i.e 095*****) & DOT code. The AVM number is 415-975-4617.. You need Case Number OR Employer Phone Number to track you case thru AVM
 
jnathan,

I think you are trying early on the AVM, as per your signature yours is transferred to DOL on 08/25/03 and seems you haven't received letter from DOL with receipt date. May be they will send a letter & update AVM for your case this week. Don't loose hope.
 
Originally posted by jnathan
futurisbright,
Sometimes I do think it is just better to pack bags and leave...the whole thing is probably not worth it.......
In fact I have been avoiding talking about a salary review with my manager,though I'm due for one, because I'm afraid that a salar change would cause a problem for my GC........what a life......
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Jnathan,

I wonder why you are so excited and frustrated already. Come on man, there are poeple with cases pending for more than 2 years. Be cool and sure you get your GC.

Regarding your salary, ([ignore]as long your salary more than whats mentioned in Labor you are fine[/ignore]), after second thought, isn't GC for future job and hence the labor too, how does it matter whats ur current salary, kick ur manager ass and get your raise.

Labor is just part of GC and GC is just part of life, its not life :cool:
lets give it a shot and wait.


As satya mentioned you are being too early to check ur status.

good luck,
 
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SFO_DOL


Hi


I am telling about my story.Filed labor on oct 20 2001.Moved to DOL on sep 2002.Remanded back to SWA on July 10th 2003.I didnt find any notification from lawyer.I checked the 415....number and found that my case is remanded to SWA.



Thanks
Raj

:mad:
 
AVM Number

The 415-975-4617 number just keeps ringing, no response.
Any idea why ?

Originally posted by gp111
Ray S.

DOL will send a Receipt to your attorney which will have your case number (i.e 095*****) & DOT code. The AVM number is 415-975-4617.. You need Case Number OR Employer Phone Number to track you case thru AVM
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Hi Raj,
All I can say is you are not alone. Lot of people are in the same condition.

Hi gccraver,
This happens to AVM from time to time , probably when they update the cases.

Regards,
apms

Originally posted by RAJ!234
SFO_DOL


Hi


I am telling about my story.Filed labor on oct 20 2001.Moved to DOL on sep 2002.Remanded back to SWA on July 10th 2003.I didnt find any notification from lawyer.I checked the 415....number and found that my case is remanded to SWA.



Thanks
Raj

:mad:
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