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

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WaitingInHell

Registered Users (C)
Re:

Oh boy!! I have posted/replied so many and all of them just today itself.

I have Masters+5 years of experience when I filed my case but my job requirement was MS+0 experience...that means anyone who has the masters degree can be hired for my position (my HR/attorney screwed here)...that's why I got NOF from DOL.

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I am not a lawyer…these preaches are either from my experience or my friends’. Always consult your attorney for a legal advice.
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Originally posted by vsaxena
Congrats WaitingInHell

what was your Job requirement like MS+XX Years or BS+XX Years.

We would really appreciate your reply!

thanks
 

htammana

Registered Users (C)
Approval letter

As some of you might remember, I got my Labor certified on 4/22/04 as per the AVM. Does anyone know how long it takes to actually receive the approval letter? I checked with my lawyer as of yesterday and did not receive it yet!!
 

htammana

Registered Users (C)
Re: Certified Fainally!!!!!!

Congratulations!! Mine got approved on 4/22. Did you get the AEC letter yet?
Reg. your I-140/I-485, if you qualify for EB-2 then you could get them both in 90 days. Apparently there is a pilot program going on which you must have heard of. Check out http://www.jackson-hertogs.com/news/2004/0428.htm
Originally posted by WaitingInHell
Hi,
My case was certified finally...!!

Case Details:
SESA PD - Dec 15th 2001
DOL PD - Nov 20th 2002
NOF issued by DOL - First week of Dec 2003
Replied after retesting the market - Jan 29th 2004
Certified - 04/23/04

DOT Code: 999.151.031
Mid-size company located in bay area. No lay-offs. 3 more cases from my company with same case details as mine have been approved recently.

This thread has been very helpful. Thanks a lot for sharing your experience and information.
Good luck to all of you.
I will be applying I140/485 concurrently. Hope to see you all in the that thread soon.

Thanks
WaintinInHell.......:cool:
 

crazy_apple

Registered Users (C)
Update - Employer Requested Remands...

Well, just got a note from my lawyer...in verbatim...

"Your company xyz requested that your case be sent back to the state (SWA) last May. Unfortunately, both the DOL region and headquarters decided against permitting return of employer-requested remands to the DOL. Thus, we are now looking for an opportunity to open in the future with backlog reduction or the Perm program."

I guess its not good news. Seems quite unfair to me that a whole bunch of people whose labor applications were filed after me (in some cases months after me) are getting their applications certified. What is getting really frustrating is - there is no difference between auto remanded and employer remanded cases - yet, just because a few unfortunate applications had to undergo employer remands, they are left behind and the DOL memo doesn't apply. I can safely say that many auto-remanded cases would fall in the same boat as mine, had their employers got a chance to review them. I think this is unfair and is appropriate grounds for suing the DOL...

From what I understand - there are two options for cases like mine -

(1) Wait for DOL to accept employer requested remands. This might be more expensive in terms of time and very frustrating.

(2) Company can take a pro-active stance and PUSH the application to DOL. This seems more fair and less frustrating. I think that even at the risk of the application being rejected, I think this seems like a better option.

Anyone else has any updates on employer requested remands? Has anyone's company taken a pro-active stance and sent their pending labor apps to DOL?

Thanks!
 
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gc_help04

Registered Users (C)
I checked with my lawyer about pushing my case back to DOL (it was remanded on employer recommendation) and he says that even if the case sent back to DOL, they need to publish ads for the position which my company is not willing to do at this point.
 

montush

Registered Users (C)
employer remanded cases

We are stuck.

Well, I heard from a friend in another company who is facing the the same issue. Their lawyers mentioned that they will try to move the case back to the RIR queue in the SESA at least (since that queue is getting ahead). They will have to advertise for this.

Is there a way to send it back to DOL by advertising once the company has responded to the NOF as "send back to state" as mentioned in gc_help04's post?
 

waitinginline

Registered Users (C)
Re:

3 cases in my company got approved in April and the lawyer has already received all the DOL approval letters

2 cases certified on April 23rd. Letter received on April 29th.
1 case certified on April 28th. Letter received on May 5th.

Don't worry, it must be in mail. Even the lawyer told me that it takes 1-2 weeks in some case.

htammana said:
Congratulations!! Mine got approved on 4/22. Did you get the AEC letter yet?
Reg. your I-140/I-485, if you qualify for EB-2 then you could get them both in 90 days. Apparently there is a pilot program going on which you must have heard of. Check out http://www.jackson-hertogs.com/news/2004/0428.htm
 

htammana

Registered Users (C)
Thanks for the reassurance. I finally heard this morning that they received the letter... Now getting ready for next big battles.... concurrent filing of 140 & 485!!
waitinginline said:
3 cases in my company got approved in April and the lawyer has already received all the DOL approval letters

2 cases certified on April 23rd. Letter received on April 29th.
1 case certified on April 28th. Letter received on May 5th.

Don't worry, it must be in mail. Even the lawyer told me that it takes 1-2 weeks in some case.
 

heha

Registered Users (C)
case certified

that sweet sweet sound plays for me eventually. AVM says my case has been certified today.

case details:

PD: 8/3/2001
RD: 5/20/2002
DOT: 999.151-032
Certified: 5/5/2004

retested job market in last June, final action on 5/5/2004 (two days ago)

small software company with no layoff.

patient pays off. good luck to everyone here!
 

WaitingonLC

Registered Users (C)
Labor timings and possibility of getting certified

State received:June20,2002
DOL Received:June,16,2003
DoT code:999.151-051
Minimum qualification required : Bachelors(4years) + 2 years experience
My Qualification:Bachelors(4years) + 5 years.

1)What is the possibility of getting certified this kind of case?
2)Does any one seen in this forum getting certified with above criteria?
3)How much longer going to be approximatly by the time they reached my case?


Any help will be appreciated.Thank you in advance.
 

puppy143V

Registered Users (C)
Approved Finally

My LC finally got cleared following are the details

SESA : 10/23/2001
Got RFE in September 2002.
1. Why is MS required for this poition? we responded MS is not required, the requirement is BS+5 years
2. Salary was few hundred short of the prevailing wage? We work 35 hr weeks based on that the hourly wage was more than the prevailing wage.
THere were couple of other question but not of any significance.

FInally the case was aproved and sent to DOL on 12/17/2002.
No RFEs from DOL, Approved on 04/26/2004.

This forum is really helpful. Wish me good luck for the rest of the processing.
 

runaway73

Registered Users (C)
I'd say with the new process, you have about a 9 out of ten chance of being approved. We have seen many cases like yorus getting certified.

Check flcdatacenter.com and download the entire history of the labor applications. You'll see the pattern.

As for speed, DOL right now processes one month in two months. Since you are in June (BTW, I am in June 24). It will be one year till they reach us. May of 2005 is when you will know what will happen

Good luck

WaitingonLC said:
State received:June20,2002
DOL Received:June,16,2003
DoT code:999.151-051
Minimum qualification required : Bachelors(4years) + 2 years experience
My Qualification:Bachelors(4years) + 5 years.

1)What is the possibility of getting certified this kind of case?
2)Does any one seen in this forum getting certified with above criteria?
3)How much longer going to be approximatly by the time they reached my case?


Any help will be appreciated.Thank you in advance.
 
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