Originally posted by gkmhan
I got the 3 option letter from DOL after my case was "returned by state after a remand"
--Me too
I had MS+6months before this job, but my case was filed as MS+0.
--Mine too filed with bs+5 OR ms+0 even though I have BS+10
I have these questions. It will be really helpful if someone who knows about this can respond.
1) If we decide to retest the market, and subsequently find that there are too many resumes, can we then choose the option of remanding the application
--Sure your employer can choose one of the three options, it can be remanded to state in 60 days. Don't worry about too many resumes, according to new guidelines you can append new requirements to existing position, look exactly at the hard copy of resume you attached with your LC, pick few skills from that which is very rare in US, some thing you have unique.
Since we have 60 days for replying, and only two weeks to advertise, I think this should be possible, but we would like to know the correct rule regarding this.
2) If we choose the option to retest, submit the resumes and if then, that is rejected, then will the application be automatically remanded to the SWA? Or does it mean something else?
--NO, you will get a Intention to deny from DOL, you can apeal for it, before you get a final deny. But I decided to forget it, if I get intention to deny
3) The memo does say that requirements can be changed, if the requirements are changed, then does this go back to SWA or does DOL look at this?
--Yes, DOL should look at it. We have retested the market with some added skills, we got only 2 resumes, we replyed to DOL on 02/06/2004, I will update you guys with results
Thanks a lot.