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

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remanded cases? Whats next?

Hello Folks

Does anyone know for sure if DOL has started looking at the cases remanded to the state? I do see some responses saying that the DOL approved cases after remanding. If so how does it work? Do they pull back the cases from EDD again? I have seen only one such case on this forum which was approved after the remand. Based on just one case how can we establish a pattern? Are there any other such cases?

Last I heard from my lawyer is they are going to make some decision about considering the remanded cases. But that decision can take upto 6 months. This was the answer from CO ( certifying officer ) in SFO DOL.

Any further info?
 
Re: remanded cases? Whats next?

I have heard the same thing from my lawyers. Nothing further.

Originally posted by kab_ayega_gc
......from my lawyer is they are going to make some decision about considering the remanded cases. But that decision can take upto 6 months. This was the answer from CO ( certifying officer ) in SFO DOL.

Any further info?
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Re: remanded cases? Whats next?

I don't think DOL has done such a thing in the past. So there is no precedent to learn from. But I heard that they (DoL) have slowed down. This can be a good sign but it is also second nature for DoL.

My lawyer, who attended last Friday’s AILA meeting, says nothing has been explained to them. There is another meeting for 9/30/2003. Hope they find something in that meeting which rejuvenates our listless GC lives.

Take care,
California GC

Originally posted by kab_ayega_gc
Hello Folks

Does anyone know for sure if DOL has started looking at the cases remanded to the state? I do see some responses saying that the DOL approved cases after remanding. If so how does it work? Do they pull back the cases from EDD again? I have seen only one such case on this forum which was approved after the remand. Based on just one case how can we establish a pattern? Are there any other such cases?

Last I heard from my lawyer is they are going to make some decision about considering the remanded cases. But that decision can take upto 6 months. This was the answer from CO ( certifying officer ) in SFO DOL.

Any further info?
Click to expand...
 
Re: Re: remanded cases? Whats next?

Hi california_gc,
Did you get any info about what was discussed in last friday's
meeting between DOL and AILA. Please post.
-gc927

Originally posted by california_gc
....My lawyer, who attended last Friday’s AILA meeting, says nothing has been explained to them. There is another meeting for 9/30/2003. Hope they find something in that meeting which rejuvenates our listless GC lives.

Take care,
California GC
Click to expand...
 
12K or some such horrendous figure:
The Certifying Officer (CO) in the Department of Labor’s (DOL) Region VI office, located in San Francisco, has said that he will be “remanding” about 12,000 of his office’s information technology (IT) Reduction in Recruitment (RIR) labor certification applications to the State Workforce Agencies (SWAs), for supervised recruitment. These are applications for which pre-filing recruitment was conducted in accordance with guidelines in place at the time of filing. For many of them, a recent re-test of the market was also conducted, at the request of the DOL. It is unknown how many others are being returned to other state agencies throughout Region VI. It is requested that you intervene and halt the transfer of these files.



Originally posted by RAJ!234
Hi FOLKS,

Just a curiosity.Anybody knows how many remanded RIR cases in SFO area??


Regards
Raj
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Re: Re: Re: remanded cases? Whats next?

My HR contact says that the lawyer didn't have any specific news to share. If I learn anything from the 9/30/2003 meeting, I will let the forum know.

Originally posted by gc927
Hi california_gc,
Did you get any info about what was discussed in last friday's
meeting between DOL and AILA. Please post.
-gc927
Click to expand...
 
HI apms,california_gc,gccraver,lca,

Thanks for yr replies.In this forum everone is helpful.I pray god for all the remanded cases must be approved.We are waiting for more than 2 years and again its keep on going means everybody is frustrated.Keep posting the latest.

Regards
Raj
 
rk4gc:

Regarding your posting about salary changes, here is an answer from Attorney Murthy about salary changes:
-----------------------------------------
If the salary has changed by over 15%, either an increase or decrease, the DOL may consider that change as an indication of a change in job duties, so that could pose a problem with the bona fides of the job. If there is a major change in duties or salary, then it may be worthwhile to file a new LC case to be safe.
--------------------------------------------





Originally posted by rk4gc
Jnathan,


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.


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Last edited by a moderator:
DoL is strange. Take 3 years to clear a persons petition and the salary shouldnt increase by 15%? This is so bizzare.
So if a person was earning 75,000 in 2001, the salary today should not be more than 86250. I can understand decrease but why are they concerned about increases.

Originally posted by jnathan
rk4gc:

Regarding your posting about salary changes, here is an answer from Attorney Murthy about salary changes:
-----------------------------------------
If the salary has changed by over 15%, either an increase or decrease, the DOL may consider that change as an indication of a change in job duties, so that could pose a problem with the bona fides of the job. If there is a major change in duties or salary, then it may be worthwhile to file a new LC case to be safe.
--------------------------------------------
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Bizarre DOL-things !!!

Not just salary, there are so many other "DOL things" that are very bizarre to me. I can understand only one thing from all this, that is "We need you guys when we need you otherwise we kick you in the back", that's the typical attitude. Isn't it the reason why ....@#!(&+.... happened??. They never get it, man!!!

Never mind, I am just like any other guy...waiting-in-hell.
-WaitingInHell
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RD: 11/20/2002. DOT Code: 999.151-031
-----------------------------------------------------

Originally posted by california_gc
DoL is strange. Take 3 years to clear a persons petition and the salary shouldnt increase by 15%? This is so bizzare.
So if a person was earning 75,000 in 2001, the salary today should not be more than 86250. I can understand decrease but why are they concerned about increases.
Click to expand...
 
The reason is DOL believes that during the recruitment process, maybe the offered salary did not entice anybody to join the company - and hence the lack of "Americans" to do the job. If the salary is revised, DOL thinks that some American will be willing to work for that figure - yeah this sucks and your salaries and promotions get tied till you get your GC. When they coined these rules probably they did not expect the process to take too long to have any bearing on salary raises etc, but this helps the employer, so this rule may not be revised till some democrat mulls over this.


001
Originally posted by california_gc
DoL is strange. Take 3 years to clear a persons petition and the salary shouldnt increase by 15%? This is so bizzare.
So if a person was earning 75,000 in 2001, the salary today should not be more than 86250. I can understand decrease but why are they concerned about increases.
Click to expand...
 
Remanded case (is using other's labor certs a good idea?)

Hi Gurus/Others,
I am a newbie here. I am an EB-2 remanded case in SFO area.
Please excuse me if my qiestion sounds too novice.
I wanted to know whether trying to reuse other people's
labour certifications is a good idea or not? Is there any existing
thread on that topic?

Any information will be highly appreciated,

Sincerely,
DasBabu

(EB-2, EDD: 9/2001, DOL: 9/2002, Remanded: 7/2003
Large Company, large layoffs)
 
dasbabu

I think by "REUSE" you mean substitution , right ?

Substitution is a very good idea if you could find an approved LC which matches your Qualifications & Experience/skills exactly. People who has done with matching LCs, never had any problems but when tried to manipulate somethin' BCIS can ask for lots of things & may reject I-140... So I would say confirm the exact matching before processing.

You will find lots of informations in the thread -1 of California DOL Tracking

I wish you good luck.
 
gp111,
Thanks for your response. Yes, I meant substitution. I heard that
one Ph.D. person was using an approved labor for a Bachelor's
person. Would that kind of over-qualification cause a problem?

What do you mean by "good match"? Does that mean similar
degree in similar year plus similar job description?
Have you heard of people getting rejections?

Dasbabu.
 
Yes, Over qualification is also a problem. By Good Match I mean Exactly Same Qualification, 99% Similar Skills, 99% Similar Experience ( Number of years can be 1 or 2 years more, not much difference) & offered position is exactly same
 
Something Surprizing..

I could not find my case on AVM using Employer Phone number but When I used my attorney's Number .. there it is !!
 
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