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

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Originally posted by tgunukula
Can I apply I140/485 with company B if I have labor certification with them while I am on 7 th year extenstion with comany A. I will appreciate your inputs.
Thanks...
 
Re: To JDW

xyr888,

My job requirement is MS+0 year experience. I had PhD, zero year of US experience. The assessment notice was questioning the RIR recruitment. I think the lawyer replied with same Ads material along with a letter from the company explaining the traditional ways of recruitment in our industry.

Hopefully this information will help.

Originally posted by xyr888
I have similar situation to you which I got 2 assessment notices from SESA. My case was forwarded to DOL in March, 2003. Could you tell me your job requirements, like degree and year of experience, and your education and year of experience?
What is your assessment notice about?

Thanks.
Sam
 
xyr888

xyr888


The first one

Internal job posting missing

the second one

10k salary hike

as they mentioned my company increased the 10K and made a internal posting for 10 days and submited ,everything is fine,but
regarding the first one i have no clue what to say,

we donot have documents for the Internal job posting,

So what will happen
 
Certified !!

After 29 months AVM is finally saying 'certified'
case details :
SESA date 12-04-2001
query at SESA. Don't know what type or what lawyer replied.
sent to DOL.
DOL RD 12-04-2002
no RFE at DOL
Certified 04-22-2004
Code : *031 (infamous code)
Requirements : BS + 5 yrs exp.
Company : Large Publishing company in downtown LA : no layoffs,but some VRS last year
Hiring freeze last year, hiring this year.
(I hope the AVM is right: will be highly disappointed if the status changes later)
Lawyer still does not know of this.
They wait for the official letter from DOL.they should get it in 3 weeks.
BTW,My colleague with same level of experience and DOL code *071
had DOL RD of 11-14-2002 his labor was certified on 11-17-2003
I was just 3 weeks behind him.DOL took more than 5 months to process 3 weeks of applications.
I was getting concerned when I saw on this forum that cases from 12-16-2002 were certified, but mine was still recd.
Well atleast better late then never.

See you all guys in the I-140/485 forum.

regards
pdd123
 
xyr888

Hi xyr888

i Mean my company lost all the internal posting ads.But they have the newspaper add etc.

is it a problem
 
mmillo

The orginal internal posting with your employer's signature on was supposed to submit to ESEA at the time of filing LC or responding to Assessment notice or RFE. Your employer should keep a copy of this, if you lost the copy, it does not matter since the original one has been submitted to SESA.

Sam
 
RIR Approved

DOT Code 999.151-032
SESA RD: 01/10/2002
DOL RD: 12/16/2002
Approved: 4/22/2004 (notified by lawyer)
Large Bay Area Company with Layoffs
BS + 4 years.
 
Re: RIR Approved

Originally posted by bpkk79
DOT Code 999.151-032
SESA RD: 01/10/2002
DOL RD: 12/16/2002
Approved: 4/22/2004 (notified by lawyer)
Large Bay Area Company with Layoffs
BS + 4 years.

Congratulations!
Good Luck for the next stages.
 
bpkk79 & pdd123.. Congratulations & Good Luck with next stages..

thanks for sharing good news & keep our hopes alive !!!
 
What's special in 12/16/2002?

Just wonder why recently approvals are always in 12/16/2002 same date! It's so hard to across this gate.

ascii
 
RF-Eng

Originally posted by gp111
lorestan & JDW.. Congratulations & happy to hear december approvals.

lorestan, what is your job profile ? I believe its RF ENGINEERING.. right ?

you got it...I know U R an RF-Eng too...Your approval should be next
 
LC Time

Hi guys,


LC details:

State rec:06/20/02
DOL Rec:06/16/03.

EDucation : BS with 5 years

Does any one know when will I approxmatly can get the LC?

Thanks.
 
WaitingonLC... 6 months after DOL comes back to its normal processing speed & finished the old Remanded Cases (JULY - DEC 2002)... so hope for the best.
 
DOL to EDD remand

Guys,

Check out my timeline...anybody else on this list like me.

Timeline for ur refrence

1. Filed in 5/30/2001.(EDD/Labor state)
2. Goes to Federal state on: December 2001
3. Recvd at Federal : Jan 2002
4. Retest Remand Letter - March 2003
- My employer provided retest data to them
5. Denied RIR - went to EDD as non RIR case- April 2003
6. Haven't heard from them last one year - April 2004


There were some optimistic moments where DOL had agreed it will take back all the cases which they had put back to EDD. Actually many cases did got approval who were filed after me
but for my particular case.....looks like it is lost hope....

Non-RIR cases hardly move.

Can anybody suggest what option I have . I have expliring H1.
Seeking GC has been a very bad experince for me.

- Ajay
 
Re: DOL to EDD remand

I can think of one thing.

Keep the converted non RIR application valid. It won't be processed until probably scientists defy the rules of gravity and build a car that floats in the air. In anycase, while your non RIR application is active, you obtain indefinite H-1B renewals using the the Twenty First Century American Competitiveness Act (AC21).

You wait for PERM regulations to come out and you convert your application to PERM by redoing the advertising and satisfying all the requirements. PERM is the new proposed approach American companies will follow when applying for foreign labor certifications. You file it with DOL, not SESA and you are approved without any reviews from DOL. Within one or two days, they send you a receipt of acceptance and you take that receipt as your proof to the Legacy INS of your labor certification. Basically, DOL shifted the responsibility of auditing a labor certification to the company itself.

Unfortunately, PERM only allows people with higher degrees to apply (minimum of a masters) alongside with other strict rules, such as web advertising on listed web sites approved by DOL like Monster.com, etc. Your company has to perform career fairs, newspaper advertising, etc. PERM should come out in May. It is under OMB review and the budget for it has been approved.

When the Reduction in Recruitment rules came out few years ago, many people converted their old applications (supervised recruitment applications also referred to as non RIR) to RIR. I am assuming that such conversion should also be applicable in a PERM situation.

Just my thoughts, hope this helps

This is not a legal advice, I am stricly an amateur.


Originally posted by h1b_valid2004
Guys,

Check out my timeline...anybody else on this list like me.

Timeline for ur refrence

1. Filed in 5/30/2001.(EDD/Labor state)
2. Goes to Federal state on: December 2001
3. Recvd at Federal : Jan 2002
4. Retest Remand Letter - March 2003
- My employer provided retest data to them
5. Denied RIR - went to EDD as non RIR case- April 2003
6. Haven't heard from them last one year - April 2004


There were some optimistic moments where DOL had agreed it will take back all the cases which they had put back to EDD. Actually many cases did got approval who were filed after me
but for my particular case.....looks like it is lost hope....

Non-RIR cases hardly move.

Can anybody suggest what option I have . I have expliring H1.
Seeking GC has been a very bad experince for me.

- Ajay
 
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runaway73,

What if company do not want to re-advertise? Do they have to ? If they are converting from RIR to PERM. During this readvertisment can we make the changes to job requirment?

In other word...

If you answer of the above is Yes then can we put MS + <what ever is your exp right now you have> Rather then what u put in RIR?

Is there any rule that if you file for rir before certain date they will consider your case for approval ( say mine is June -19th 2001 SESA date)

Thanks.
 
PERM right now is unknown. The proposed regulations were shown to AILA back in 2002. AILA did not like it at all as it limits companies only to hire people with advanced degrees and they threatened to sue. Accordingly DOL postponed and postponed PERM until recently the budget for it has been approved (two years of delay). How recent ads should be and the form they should be conducted, no one knows. There are many rumors and I listed the rumored methods in the previous post. No one knows the format of the ads and the length or frequency. When reduction in recruitment regulations came out, it was a practice from DOL to have a minimum of at least six months of recruiting effort to demonstrate labor shortages in that field. Accordingly, everyone converting non RIR to RIR had to redo the recruiting effert as non RIR did not require six months of recruiting. PERM regulations will be announced anytime now. Be patient and we will know all the details. My receipt date is June 2003. Current processing speed is two days to process one day. I might not wait another year if the PERM alternative is available and is faster (takes days to process per DOL newsletters)

Those are just stories and rumors I hear from friends and coworkers. Accordingly you guys should not take it word for word. I am just telling you what I hear. I just thought that such information might help


Runaway



Originally posted by dhshah_us
runaway73,

What if company do not want to re-advertise? Do they have to ? If they are converting from RIR to PERM. During this readvertisment can we make the changes to job requirment?

In other word...

If you answer of the above is Yes then can we put MS + <what ever is your exp right now you have> Rather then what u put in RIR?

Is there any rule that if you file for rir before certain date they will consider your case for approval ( say mine is June -19th 2001 SESA date)

Thanks.
 
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