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

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Interpretations from the New RIR rule

People,

Has anybody contacted thier respective lawyers/HR people about the new RIR processing rule and its impact on the already remanded applications, figured out any limitations, detailed procedures etc.

Can you please share some info.
 
Paper work not recvd.

Hi,

Is there anybody whose staus on AVM says "Certified" but not yet received papers from DOL?

Mine was certified on Nov 7th, but not yet received papers.

Is it normal?

Thanks
world
 
Question about New RIR regulation

Hi All,

Not sure if it is only me. I have a question about the new regulation that DOL has issued.

The Q is :

I work for a big co in bay area having tons of layoffs in the past years. Does new regulation say that if the job requires BS+3 or Ms+? experience, then the case will be approved ? Does it take into account previous layoffs in the co ? From the posting, it does not look that way.

If anyone has any insight into this, please share.

Thanks
 
Re: Question about New RIR regulation

gc_aspirant:

My lawyer sent me the actual document as published and this is the extract:
***************************

Initial Review Provision: All RIR applications must be reviewed based upon existing criteria for completeness of the application,demonstration of a pattern of recruitment and compliance with applicable regulations such as abscence of restrictive requirements, layoffs by the requesting employer that have not been adequately addressed etc. Certifying officers at their discretion based upon information available to them, may deny the employer RIR request at this stage of review.


************************

So to answer your question, layoffs are still taken into account.
Even before they check BS + 3years, MS + 6 months etc they check for the completeness of the petition, layoffs etc.


Originally posted by gc__aspirant
Hi All,

Not sure if it is only me. I have a question about the new regulation that DOL has issued.

The Q is :

I work for a big co in bay area having tons of layoffs in the past years. Does new regulation say that if the job requires BS+3 or Ms+? experience, then the case will be approved ? Does it take into account previous layoffs in the co ? From the posting, it does not look that way.

If anyone has any insight into this, please share.

Thanks
Click to expand...
 
All,

I have one question with regards to the new DOL regulation.
Is the BS + 3 years reqt mandatory....I had around BS + 2.3 years at the time the Labor was filed...
Does this mean my case would also be remanded....SESA transferred to DOL on 26th of Dec 2002 in my case..So hopefully my case would be picked up soon....


thx in advance
 
Certified and Returned to DOL

guys,

For the last one week, my status was certified.
Today the status is changed back to " Returned to DOL after remand".

What could be the reason.

Thanks
World
 
Hi Coolguys

This is my understanding:

The statement says either the LC applicant should have (1) MS+0.6mths or BS+3yrs or (2) adequate recruitment effort has to be shown.

Apart from these two I think somebody posted regarding layoffs etc.

Others, I have asked my lawyer regarding this rules impact on my LC and my famous lawyer is on vacation. So I really dont have any other info.
 
It is a game

Originally posted by worldmonitor_1


They are not kids playing hide and seek.



-----------------------------------

------------------------------------
Click to expand...

Now they are playing the " telepnone" game with you :D
Ask your credible sources what has happened. Next you can hear "remanded to state" message :D
 
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Letter received

Today my company received letter from DOL saying as follows:
"Form ETA 750 has been certified and is enclosed."

Thank you for everyone in this forum.
Please wait and be patient. Enjoy your life
Good Luck to everyone.

-------------------------------------------------------------------------------
I checked AVM and say it has been certified.
I didn't receive any paper yet after 14 days.
But my lawyer doesn't know anything about it.
Lawyer think my case is still in EDD (State as remanded).
Therfore laywer will call EDD and DOl and let me know by end of this week. If I get positive answer, I will post it again.
I am wondering this might be AVM error. (I wish not).
Without paper or any document what can I trust except GOD.

My history
EDD : Sept 5, 2001
DOL : AUG 12, 2002
Auto Remanded : Jun 10, 2003
AVM : certified Nov. 4, 2003

DOT 999.172-199 : etc engineer category (mine is optical engineer)
MS +3

My lawyer called EDD about my status last September.
Heard EDD cannot do anything except waiting minimum 1 year.
Obviously didn't contact DOL at all.

I know this is painful process.
I wish everybody get certified including me.:D :D
 
Just because your requirement is BS + 2.3 yrs does not mean your petition will be remanded.

Basically DOL would be looking to see the results from the recruitment drive that your employer made for your position.

If the summary of results of the recruitment drive made by your employer is extensive, giving the resume of all the candidates, reason for rejection, proof of having contacted the applicants etc then there is no reason your petition should be rejected.

However if the summary of results is not very extensive, you might be given a NOF / or asked to post a one day ad again.

Hope that answers your question.

Originally posted by coolguys
All,

I have one question with regards to the new DOL regulation.
Is the BS + 3 years reqt mandatory....I had around BS + 2.3 years at the time the Labor was filed...
Does this mean my case would also be remanded....SESA transferred to DOL on 26th of Dec 2002 in my case..So hopefully my case would be picked up soon....


thx in advance
Click to expand...
 
The job requirement in the application filing should say that the requirement is for BS + 3 years, it doesn't matter what your experience was. But the guidance goes further to allow the company to add the experience clause once DOL issues an NOF.


001
Originally posted by coolguys
All,

I have one question with regards to the new DOL regulation.
Is the BS + 3 years reqt mandatory....I had around BS + 2.3 years at the time the Labor was filed...
Does this mean my case would also be remanded....SESA transferred to DOL on 26th of Dec 2002 in my case..So hopefully my case would be picked up soon....


thx in advance
Click to expand...
 
People,

Has anybody started calling SESA/DOL to get their application moved to DOL. I know the rule came only on Saturday. But, if you started the process can you please update the forum, regarding how you went about doing this.
 
Here you go

The number for SFO DOL is
415-975-4617
Press 1 for permanent cases and then select 1 or 2 if you want to search by case # or employer phone #. If it rings more than 3 times, the line is either busy or down. I checkd it this morning and it is up. Also, the case # assigned to the case at DOL is different from the SESA case #. Good luck.
 
Important Message

Guys,

I posted such an important message and there were no comments on that... Nobody cares !!!!!

It said my Labor was certified for one week and now it says "Returned to DOL after remand".


Nobody is surprised !!!

Is it normal ?



World
 
WorldMonitor

I got scared, what it implies is don't believe anything until you receive something in hand. And make sure the document you receive has no mistakes (spelling, dates, etc...)

On a positive note, you may still be certified, may AVM is now messed up.
 
Need Information

Hello,
I have a question to ask, maybe some one knows an answer. My job requiremnt is clearly BS. + 4 years of experience. I found this information over the intranet on my company. That means I clearly qualify for BS. + 3 Years of experience as guided by DOL. My Lawer for some reason 2 years back, when he filed my application filed it under BS. + 0 years of experience If there a way that he can change that information now or it it already tooo late. My date for DOL is Nov. 2002. I will really appreciate any kind of help regarding this issue. I wish all of you all the best of luck and hopefully all of us get certified as soon as possible.

Thanks
 
update from aila

Now that the official guidance is out from Bill Carlson I think that I can tell you that DOL is recalling all cases that were formerly auto remanded to us due to worker availability with the exception of those that only require a BS and zero years of experience. DOL will not reconsider the BS and zero cases. They WILL reconsider all others. We are in the process of sending all others back to DOL. The estimated time frames for returning the remands are:
Cases remanded to us in June will all be returned by December 15th.
Cases remanded to us between July 1-10 will all be returned by January 1st.
Cases remanded to us after July 10th have not been logged in yet so we cannot even tell you if we have the case or not at this point in time. These cases will be logged in and out at the same time and we hope to have all of them back to DOL no later than April 1st.
I hope you can provide this information to the AILA community so that we can reduce the number of members calling to see if their remanded case has been recalled by DOL. Carolyn has spent most of her time responding to these inquiries lately and we will not be able to adhere to the time frames above if the calls continue at this level. Now that we can say that all of the remands except the BS and Zero cases will be sent back to DOL for reconsideration, I am hoping that the calls will die down. Please encourage members NOT to call unless there are unusual circumstances. If they feel they have to call us, they do not have to speak to Carolyn to get a status on their remand. The Specialist of the Day can provide the same information. Additionally, they can always call me or Bill if they need to.
 
What is the source of this info. Also the statement says only AutoRemanded cases. Is there any guidence for the cases where a 3option letter was issued? Or all those who got into this category are screwed for ever.
 
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