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

Status
Not open for further replies.
certified!

Finally and unexpected!

DOT Code : 999.151-031
DOT Description : Computer Software Engineers, Applications
PD: Aug 2001
Received Regional Office: 10/04/2002
Remand to state: 11/17/2003
Certified: 03/18/2004 (not sure of this date, AVM says so. Lawyer emailed to confirm, did not give any date)

I was guessing it would take 3 more years for LC as my case got into the non-RIR queue at SESA. But it happened much quick.

Mine is a small company in east bay, around 10 consultants on h1b, all on projects, no layoffs.

Good luck guys & thanks for the support during the long wait for LC. New waiting line starts with I-140 now :)
 
Re: certified!

Hi,
Just to confirm as your post could raise the hopes of many. Was your case autoremanded to SESA (because these were being recalled by DOL and approved) or did u receive the 3 option letter and the case then went into the non RIR queue in SESA (this case haven't yet heard anyone's being approved) What do you exactly mean by saying that u expected another 3 years of wait because of non- RIR queue?

Thanks.

Originally posted by desi_in_bayarea

Finally and unexpected!

DOT Code : 999.151-031
DOT Description : Computer Software Engineers, Applications
PD: Aug 2001
Received Regional Office: 10/04/2002
Remand to state: 11/17/2003
Certified: 03/18/2004 (not sure of this date, AVM says so. Lawyer emailed to confirm, did not give any date)

I was guessing it would take 3 more years for LC as my case got into the non-RIR queue at SESA. But it happened much quick.

Mine is a small company in east bay, around 10 consultants on h1b, all on projects, no layoffs.

Good luck guys & thanks for the support during the long wait for LC. New waiting line starts with I-140 now :)
Click to expand...
 
Backlog reduction news

Hello all,

As usual, an update from AILA on the backlog reduction. This is a copy of a transcript by the assistant deputy in the DOL. Read the last two pages is where you find an update on PERM and the backlog reduction. Looks like the centers for back log reduction won't be launched until the start of fiscal year 2005 (Starts in October).

Good luck everyone.
 
Re: Backlog reduction news

We expect that the revised process will significantly reduce the average processing time for new applications filed by employers beginning in FY 2005.
Click to expand...

Maybe I am reading between the lines, but looks like even PERM wont be online till FY 2005.

001
Originally posted by runaway73
Hello all,

As usual, an update from AILA on the backlog reduction. This is a copy of a transcript by the assistant deputy in the DOL. Read the last two pages is where you find an update on PERM and the backlog reduction. Looks like the centers for back log reduction won't be launched until the start of fiscal year 2005 (Starts in October).

Good luck everyone.
Click to expand...
 
Re: Re: certified!

Originally posted by montush
Hi,
Just to confirm as your post could raise the hopes of many. Was your case autoremanded to SESA (because these were being recalled by DOL and approved) or did u receive the 3 option letter and the case then went into the non RIR queue in SESA (this case haven't yet heard anyone's being approved) What do you exactly mean by saying that u expected another 3 years of wait because of non- RIR queue?

Thanks.
Click to expand...

We did get the 3 option letter and responded indicating that we want to go for regular processing at SESA. The other two options (either withdraw application or redo the advt etc etc) did not work out with us. So pls note that they DO approve cases returned to SESA (I guess autoremand which happened sometime in Oct 2003 )

Good luck!
 
Is 401k and Health Insurance

Can we sum up 401k and Health Insurance and salary paid by the company
to make up the Prevail_wage
 
Re: Is 401k and Health Insurance

No, you can not add 401K and Health insurance to make up prevailing wage. I believe even bonuses cant be added because they are not guaranteed.


001
Originally posted by mmillo
Can we sum up 401k and Health Insurance and salary paid by the company
to make up the Prevail_wage
Click to expand...
 
no change on AVM this monday ................
but now the recording is for all states instead of just sfo ....instead of sfo now they are saying california ...
tony
 
AVM did change for Western States other then California !! RIR cases of those states are OCT 2003,,, atleast good news for few people waiting !
 
Labor Certification Mail?

Guys who have called the AVM in SF and heard of approvals to their labor certs, does anybody know how long it takes before the lawyer receives the approval notice via mail?

My lawyer says it usually comes via regular mail after making it through the Labor Dept postal center and that usually takes atleast 3 weeks. My approval according to AVM happened on Mar 23rd, 2004 when can we expect the documents?

My company and lawyers are located in the bay area.
 
reisdentseek

Your lawyer is correct. It usually comes between 2 - 3 weeks after you heard ur approval in AVM.
 
Re: Re: Re: certified!

desi_in_bayarea,

This is indeed great news if yours was an employer remanded
case. BTW AutoRemand means the case got automatically
remanded from the federal DOL to the state SESA without them
giving your employer the 3 option letter. So I guess yours was
an employer remanded case, and NOT an AutoRemand.

Please confirm this, and let us know if your lawyer had any
additional communication with DOL/SESA to try to move your
case back to federal DOL. I am wondering if yours was a freak
scenario that may not benefit everyone.

Thanks,
gccraver

Originally posted by desi_in_bayarea
We did get the 3 option letter and responded indicating that we want to go for regular processing at SESA. The other two options (either withdraw application or redo the advt etc etc) did not work out with us. So pls note that they DO approve cases returned to SESA (I guess autoremand which happened sometime in Oct 2003 )

Good luck!
Click to expand...
 
Re: Re: Re: Re: certified!

Originally posted by gccraver
desi_in_bayarea,

This is indeed great news if yours was an employer remanded
case. BTW AutoRemand means the case got automatically
remanded from the federal DOL to the state SESA without them
giving your employer the 3 option letter. So I guess yours was
an employer remanded case, and NOT an AutoRemand.

Please confirm this, and let us know if your lawyer had any
additional communication with DOL/SESA to try to move your
case back to federal DOL. I am wondering if yours was a freak
scenario that may not benefit everyone.

Thanks,
gccraver
Click to expand...
You are right gccraver. My case was an employer-remand type. But I am sure my lawyers did not do anything special to make it happen. Becoz when we got the 3 option letter, they did tell me that going back to SESA under regular processing is the only option left to us & when the time comes (after 3 years) we would modify the job reqt. So I feel they did not do anything smart to have DOL certify in few months time.
 
Re: Re: Re: Re: Re: certified!

Originally posted by desi_in_bayarea
You are right gccraver. My case was an employer-remand type. But I am sure my lawyers did not do anything special to make it happen. Becoz when we got the 3 option letter, they did tell me that going back to SESA under regular processing is the only option left to us & when the time comes (after 3 years) we would modify the job reqt. So I feel they did not do anything smart to have DOL certify in few months time.
Click to expand...

Hi desi_in_bayarea,

Congratulations on your approval. This is indeed a great news. But i am a bit confused here. From your case details : Received Regional Office: 10/04/2002; Remand to state: 11/17/2003; it looks like you case is autoremanded. If i am not mistaken, DOL has stopped issuing letters to companies some time in July (DOL recd date) way before your case. If possible it would be great if you can check with your lawyer and update us either you got a letter or not.

Any ways good luck for your 140 and 485 processing.

jinx
 
Re: Re: Re: Re: Re: Re: certified!

Originally posted by jinx
Hi desi_in_bayarea,

Congratulations on your approval. This is indeed a great news. But i am a bit confused here. From your case details : Received Regional Office: 10/04/2002; Remand to state: 11/17/2003; it looks like you case is autoremanded. If i am not mistaken, DOL has stopped issuing letters to companies some time in July (DOL recd date) way before your case. If possible it would be great if you can check with your lawyer and update us either you got a letter or not.

Any ways good luck for your 140 and 485 processing.

jinx
Click to expand...

OK. Here is the email I had recd from my lawyer during oct 2003. Hope this clarifies your question (AAAAA is my name & BBBBB is the main lawyer's name)
-------------------------------------
We have received a notice from Dept. of Labor stating they cannot approve the RIR request unless the company retests the labor market by running one more advertisement. The company has the following three options:

1. withdraw the application;

2. request the application be remanded to EDD for regular processing; or

3. reinstate the RIR waiver request.

To reinstate the RIR request, the company can run one more advertisement, collect the resumes, and submit a copy of the ad and a recruitment report with detailed results to Dept. of Labor. The report must specify the number of applicants who responded to the ad and how many were interviewed. It must also provide specific, lawful, job related reasons for rejecting any U.S. applicant. The Dept. of Labor may also ask for copies of the applicant’s resumes to determine that they were not qualified for AAAAA's position.

The requirements on AAAAA’s labor cert states BS or equiv. plus 2 yrs. exp. An alternative of 2 yrs. exp. in lieu of a Bachelor’s degree is also acceptable. No other special requirements were listed on the forms, so it will be very difficult to disqualify applicants.

BBBBB’s recommendation is to request a remand and at the time the remand is processed add special requirements to the application which can then be used to disqualify a U.S. worker because it seems very unlikely that you will not receive at least one resume from a Programmer or Software Engineer with four years of experience. Dept of Labor will not allow you to add requirements at this point in the RIR process.

Please let me know how you would like to proceed. You have 60 days to respond to this notice which is dated 10/21/03.
---------------------------------------------------------
 
Last edited by a moderator:
Re: Re: Re: Re: Re: Re: Re: certified!

Originally posted by desi_in_bayarea
OK. Here is the email I had recd from my lawyer during oct 2003. Hope this clarifies your question (AAAAA is my name & BBBBB is the main lawyer's name)
-------------------------------------
We have received a notice from Dept. of Labor stating they cannot approve the RIR request unless the company retests the labor market by running one more advertisement. The company has the following three options:

1. withdraw the application;

2. request the application be remanded to EDD for regular processing; or

3. reinstate the RIR waiver request.

To reinstate the RIR request, the company can run one more advertisement, collect the resumes, and submit a copy of the ad and a recruitment report with detailed results to Dept. of Labor. The report must specify the number of applicants who responded to the ad and how many were interviewed. It must also provide specific, lawful, job related reasons for rejecting any U.S. applicant. The Dept. of Labor may also ask for copies of the applicant’s resumes to determine that they were not qualified for Bikash’s position.

The requirements on AAAAA’s labor cert states BS or equiv. plus 2 yrs. exp. An alternative of 2 yrs. exp. in lieu of a Bachelor’s degree is also acceptable. No other special requirements were listed on the forms, so it will be very difficult to disqualify applicants.

BBBBB’s recommendation is to request a remand and at the time the remand is processed add special requirements to the application which can then be used to disqualify a U.S. worker because it seems very unlikely that you will not receive at least one resume from a Programmer or Software Engineer with four years of experience. Dept of Labor will not allow you to add requirements at this point in the RIR process.

Please let me know how you would like to proceed. You have 60 days to respond to this notice which is dated 10/21/03.
---------------------------------------------------------
Click to expand...

desi_in_bayarea

How much extra time did the remand take you before you receive the final LC? your situation seems similar to my husband's ( employer remand type? What does it mean exactly? ) . His company ran an ad in SJ Mercury news, but not a single resume came so far. I was wondering how long it will take for this interruption?
 
Auto remanded cases

Hi Guys

Any news on cases which were auto remanded after 10th July???

Thanks
 
Re: Certified!!!!

Congras!!!

I am also in BS+0 category although I have MS+1. My lawyer said that's a common practice back to then.

Can I ask you a question? When you redo the AD and reply the NOF, did your employer add more requirements? Like making it a BS + 3 or MS? Or just kept BS+0?

Also did your employer contact the state SESA to pull your case back to DOL? Because BS + 0 is not qualified for coming back to DOL after remand...

Thanks a lot!!

Originally posted by cadolslow
Finally got certified........ :D

Case details:
SEA date: 08/25/01
DOL date: 05/23/02
Remanded to State: June 2003
Back to DOL: 09/02/03
NOF Issued: 02/11/04
NOF replied: 03/25/04
Certified: 03/31/04

Job requirement: BS in CS/CIS/EE with 0 Exp.
DOT Code: 999.151-041
Click to expand...
 
How soon or How later?

Case number 095xxxxx
State Receipt: 10/2001
Moved to DOL: 10/2002
Mass Remanded: 07/2003
Case reviewed again in 03/2004 and a query was sent by DOL saying advertisement supported for my case required for BS+1. However the Form 750A did not say so.

Labor Ammended and sent back to DOL with a request saying ready to re-advertise if necessary on 04/01/2004. How soon will the case be reviewed? will there be any more queue before it is taken up.

Please reply.
 
Status
Not open for further replies.
Top