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

[VinodTandon]

Hey guys,
I have a question which will give us better understanding.
--
Any of you whose labor was remanded but was not given any option letter, did you get any reason for the remand?

If you have seen the remand letter, then you may know.

I am trying to find if there are any differenced between different remands. Like Auto Remand, any reason remand?, etc.

Please comment if your case is remanded.

 

[gc_baba]

Need Help!

Hi All,

My RD is 1/21/2003. I just called the AVM and the case is still in Received state.

I called the lawyer's office and one of the paralegal said they recived some correspondence from SF DOL.

My lawyer is not in the office today and he will back tomoroow. Only the lawyer will open the letter from SF DOL.

Can you guss what it might be?

If it is a 3 option letter, what does the AVM says regarding the case?

Any help would be appreciated.

thanks
Praveen

 

[jack144]

Praveen:

I think that your case is "not" a 3 option case, but it is still being processed. There are several other cases with RD 1/21/03 that are yet to be processed although DOL is processing some 1/22/2003. Since most of the 1/21/2003 cases where only processed in last couple of day, I am sure you wouldn't receive a letter so soon.

So, keep fingures crossed... your case might be certified in the next couple of days......Keep us posted.

Hi All,

My RD is 1/21/2003. I just called the AVM and the case is still in Received state.

I called the lawyer's office and one of the paralegal said they recived some correspondence from SF DOL.

My lawyer is not in the office today and he will back tomoroow. Only the lawyer will open the letter from SF DOL.

Can you guss what it might be?

If it is a 3 option letter, what does the AVM says regarding the case?

Any help would be appreciated.

thanks
Praveen

 

[jack144]

Raju, what you say is very true : Cases with ***031 and the ***032 are the slow cases since they account to most # of applications, but ***031 is the slowest.

I talked to my attorney yesterday and he said my approval may expected in the next 4 months. My RD is 02/17/2003. He said that***031 cases are taking longer than the others.

 

[csrini1]

praveen

I agree with jack, dont worry. it might have been certified also, but not updated on the IVR.
Praveen:

I think that your case is "not" a 3 option case, but it is still being processed. There are several other cases with RD 1/21/03 that are yet to be processed although DOL is processing some 1/22/2003. Since most of the 1/21/2003 cases where only processed in last couple of day, I am sure you wouldn't receive a letter so soon.

So, keep fingures crossed... your case might be certified in the next couple of days......Keep us posted.

Quote:
Originally Posted by gc_baba
Hi All,

My RD is 1/21/2003. I just called the AVM and the case is still in Received state.

I called the lawyer's office and one of the paralegal said they recived some correspondence from SF DOL.

My lawyer is not in the office today and he will back tomoroow. Only the lawyer will open the letter from SF DOL.

Can you guss what it might be?

If it is a 3 option letter, what does the AVM says regarding the case?

Any help would be appreciated.

thanks
Praveen

 

[hlgc]

Labor substitution question

Hey Guys,

I'm usually a silent observer and this is my first post. I'd appreciate if you all
could throw some light on my case. Here it is:

- Was working for company A till Dec'03. Had a LC (RIR) filed for me in Dec'02.
The case had moved to DOL (from EDD) just before I left.

- Joined company B in Dec'03. They promised they will file RIR, but they ran
into some issues and are not willing to do that any more.

- Meanwhile, company C acquired company A a few months back. I contacted
company C and they have a job opening with responsibilities very similar to
my original job in company A and they are willing to offer me the job.

Now here my questions:

1. Can I use labor substitution to file for I140/I485 in this case through
company C ? I talked to the laywer that used to handle company A's
cases and was told that the application was not withdrawn and is
still pending with DOL.

2. How closely do the job-title and salary need to match for this to work ?
I mean, the job outline is still the same but I'm expecting to get a slightly
higher job grade (Design Engineer in co. A v/s Staff Engineer in co. C) and
a higher salary as well ($20-30K more than the job at co. A). Will this be
an issue ? Should I go for a lower job-grade and salary ?

3. Will the fact that I'm trying to substitute into my application itself have
any favorable impact on my case v/s a random substitution ?

Hoping to hear some expert comments.

-hlgc

 

[WaitingonLC]

Hey Guys,

I'm usually a silent observer and this is my first post. I'd appreciate if you all
could throw some light on my case. Here it is:

- Was working for company A till Dec'03. Had a LC (RIR) filed for me in Dec'02.
The case had moved to DOL (from EDD) just before I left.

- Joined company B in Dec'03. They promised they will file RIR, but they ran
into some issues and are not willing to do that any more.

- Meanwhile, company C acquired company A a few months back. I contacted
company C and they have a job opening with responsibilities very similar to
my original job in company A and they are willing to offer me the job.

Now here my questions:

1. Can I use labor substitution to file for I140/I485 in this case through
company C ? I talked to the laywer that used to handle company A's
cases and was told that the application was not withdrawn and is
still pending with DOL.

ANS:If I'm correct,you do not have to substitute your labor since it is filed on your name and qualifications and experince...

2. How closely do the job-title and salary need to match for this to work ?
I mean, the job outline is still the same but I'm expecting to get a slightly
higher job grade (Design Engineer in co. A v/s Staff Engineer in co. C) and
a higher salary as well ($20-30K more than the job at co. A). Will this be
an issue ? Should I go for a lower job-grade and salary ?

ANS:Since above question is correct,you do not have to do all of this...

3. Will the fact that I'm trying to substitute into my application itself have
any favorable impact on my case v/s a random substitution ?

ANS:No need to substitue..you can use the old one and you are eligible since GC is a future job

Hoping to hear some expert comments.

-hlgc

 

[hlgc]

Labor substitution question

Originally Posted by hlgc
Hey Guys,

I'm usually a silent observer and this is my first post. I'd appreciate if you all
could throw some light on my case. Here it is:

- Was working for company A till Dec'03. Had a LC (RIR) filed for me in Dec'02.
The case had moved to DOL (from EDD) just before I left.

- Joined company B in Dec'03. They promised they will file RIR, but they ran
into some issues and are not willing to do that any more.

- Meanwhile, company C acquired company A a few months back. I contacted
company C and they have a job opening with responsibilities very similar to
my original job in company A and they are willing to offer me the job.

Now here my questions:

1. Can I use labor substitution to file for I140/I485 in this case through
company C ? I talked to the laywer that used to handle company A's
cases and was told that the application was not withdrawn and is
still pending with DOL.

ANS:If I'm correct,you do not have to substitute your labor since it is filed on your name and qualifications and experince...

2. How closely do the job-title and salary need to match for this to work ?
I mean, the job outline is still the same but I'm expecting to get a slightly
higher job grade (Design Engineer in co. A v/s Staff Engineer in co. C) and
a higher salary as well ($20-30K more than the job at co. A). Will this be
an issue ? Should I go for a lower job-grade and salary ?

ANS:Since above question is correct,you do not have to do all of this...

3. Will the fact that I'm trying to substitute into my application itself have
any favorable impact on my case v/s a random substitution ?

ANS:No need to substitue..you can use the old one and you are eligible since GC is a future job
Hoping to hear some expert comments.

-hlgc

Hi,

Thanks for the reply.

So, does this means is that it will not even be considered as a labor substitution ? If that is true, will I be able to use it for H1 extension ?

My H1 expires in Dec'05 and even though I believe the original LC will get certified before then, I wouldn't bet on that. Can I ask company C to file a regular LC for me as a backup? Is it possible to have 2 outstanding LC applications ?

Thanks,
-hlgc

 

[jack144]

Yeah, you don't need to substitute your own LC application....You should also be able to use it for 7th yr and subsequent extensions.

"Can I ask company C to file a regular LC for me as a backup? Is it possible to have 2 outstanding LC applications ?"

YES, any # of companies can file LCs for you...

Hi,

Thanks for the reply.

So, does this means is that it will not even be considered as a labor substitution ? If that is true, will I be able to use it for H1 extension ?

My H1 expires in Dec'05 and even though I believe the original LC will get certified before then, I wouldn't bet on that. Can I ask company C to file a regular LC for me as a backup? Is it possible to have 2 outstanding LC applications ?

Thanks,
-hlgc

 

[IWantIt]

Labor Certified!!!!

Labor has been certified after a long long wait

RD to DOL : 22-Jan-2003
DOT Code : 999.151-081
Ceritifed : 28-Jun-2004
BS + 3 Years shown, Mid Size company in Bay area with several rounds of small layoffs..

Have been reading this forum for a long time and got lots of information. Thanks and good luck to everyone!!

 

[js07]

Hello IWantIt,
I have one question for you ( May be a stupid one). What is this BS+3 years. I have been waiting for LCA from last 3 years. Recently it had moved to DOL Phily from Virgina SESA. Will I get LCA approved if I show MS + 10 now. Is this some special category. What extra steps shall my attorney has to take.

Any help would be highly appreciated.

Thanks and Have a wonderful Long weekend

Labor has been certified after a long long wait

RD to DOL : 22-Jan-2003
DOT Code : 999.151-081
Ceritifed : 28-Jun-2004
BS + 3 Years shown, Mid Size company in Bay area with several rounds of small layoffs..

Have been reading this forum for a long time and got lots of information. Thanks and good luck to everyone!!

 

[tonysharma]

congrats iwantit
and same luck for future stages

Labor has been certified after a long long wait

RD to DOL : 22-Jan-2003
DOT Code : 999.151-081
Ceritifed : 28-Jun-2004
BS + 3 Years shown, Mid Size company in Bay area with several rounds of small layoffs..

Have been reading this forum for a long time and got lots of information. Thanks and good luck to everyone!!

 

[keepfaith]

Labor has been certified after a long long wait

RD to DOL : 22-Jan-2003
DOT Code : 999.151-081
Ceritifed : 28-Jun-2004
BS + 3 Years shown, Mid Size company in Bay area with several rounds of small layoffs..

Have been reading this forum for a long time and got lots of information. Thanks and good luck to everyone!!

Congratulations!! You should try check in other forums. I heard that they have a new pilot program for EB2 classification that allow you to have your documents on 90 days.

 

[rgojji]

Still 999.151-031 *32 cases are not certified

Looks like none of the 999.151-031 *32 cases certified till now.. whats going on.. how come its possible when they are looking at the cases of 22nd Jan?

Anyone has got any explanation on this?

 

[jack144]

Sorry, whats your question? None of *31, *32 for Jan 22nd??

>>rgojji Looks like none of the 999.151-031 *32 cases certified till now..
>>whats going on.. how come its possible when they are looking at the
>>cases of 22nd Jan?

Anyone has got any explanation on this?

 

[hlgc]

LC priority date and H1 extension

Guys,

Here's my case:

My H1 expires in Dec'05. My employer filed a LC (non-RIR) in Jan'04, based on which I should easily get my H1 extension.

I asked my company to file my LC through RIR and they told me that they might do it but since it takes at least 6 months of advertisement, the earliest they can file is Jan'05, which would be less than 365 days from the expiry of my H1 (Dec'05). They said that this would reset my LC application date, because of which I would not be able to extend my H1.

Now, my question is if the above is really true ? According to what I heard,
I should be able to retain the priority date from my non-RIR LC (Jan'04) even
if I file the RIR case much later (Jan'05), and also that the H1-extension is based on the "priority date" of the LC application and not the "date of application".

I'd appreciate if someone can tell me if my thinking is correct. Am I eligible for H1 extension if my company files RIR in Jan'05 ?

Another questions is if 6 monthts advertisement is strictly required for RIR ?
Can I ask my company to advertise for 4 months only (July-Oct) and file RIR in Nov'04 ?

Thanks
-hlgc

 

[rs09]

LC remanded

My LC has been remanded to state . My employer will not retest the market.

Job req : BS + 2 yrs

I guess there is not much light for me left considering the waiting time in non-rir cases. Even if PERM comes in, I have heard that it is going to be even more selective in certifying LC's, is that true???

 

[rgojji]

Seems like currently DOL looking at the cases filed on 22nd Jan. But looks like none of cases with DOT codes *31 *32 certified. Hope this clarifies my earlier question.

Sorry, whats your question? None of *31, *32 for Jan 22nd??

>>rgojji Looks like none of the 999.151-031 *32 cases certified till now..
>>whats going on.. how come its possible when they are looking at the
>>cases of 22nd Jan?

Anyone has got any explanation on this?

 

[WaitingonLC]

Guys,

Here's my case:

My H1 expires in Dec'05. My employer filed a LC (non-RIR) in Jan'04, based on which I should easily get my H1 extension.

I asked my company to file my LC through RIR and they told me that they might do it but since it takes at least 6 months of advertisement, the earliest they can file is Jan'05, which would be less than 365 days from the expiry of my H1 (Dec'05). They said that this would reset my LC application date, because of which I would not be able to extend my H1.

Now, my question is if the above is really true ? According to what I heard,
I should be able to retain the priority date from my non-RIR LC (Jan'04) even
if I file the RIR case much later (Jan'05), and also that the H1-extension is based on the "priority date" of the LC application and not the "date of application".

I'd appreciate if someone can tell me if my thinking is correct. Am I eligible for H1 extension if my company files RIR in Jan'05 ?

Another questions is if 6 monthts advertisement is strictly required for RIR ?
Can I ask my company to advertise for 4 months only (July-Oct) and file RIR in Nov'04 ?

Thanks
-hlgc

Hi,

Please remember you can not file RIR as well as NON RIR from the same employer.But you can with different employers.You can convert from NonRIR to RIR with the same employer.For RIR cases strictly need to advertise for 6 months.Hope this helps

 

[WaitingonLC]

My LC has been remanded to state . My employer will not retest the market.

Job req : BS + 2 yrs

I guess there is not much light for me left considering the waiting time in non-rir cases. Even if PERM comes in, I have heard that it is going to be even more selective in certifying LC's, is that true???

Hi,

Can please tell us the DOT Code and your exp that you have kept in LC .

Thanks.