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

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nonRIR -> RIR

WaitingonLC said:
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
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WaitingonLC,

thanks for the reply. So, if I convert from nonRIR to RIR which date do I get to keep as priority date - old nonRIR or the new RIR ?

As I mentioned in my post above, the filing date for my nonRIR case is more than 365 days in advance of my H1 expiring but this is not true for the the RIR case (6months of advertisement starting in July => filing in Jan'05, but my H1 expires in Dec'05). So, would it be possible to extend my H1 if I decide to go for RIR filing ?

Thanks,
-hlgc
 
You will keep your Priority date of NonRIR application when you convert .. Also for H1 Extension you will be using the original date (PD) when your NonRIR labor was filed so you are good to go for that also.

hlgc said:
WaitingonLC,

thanks for the reply. So, if I convert from nonRIR to RIR which date do I get to keep as priority date - old nonRIR or the new RIR ?

As I mentioned in my post above, the filing date for my nonRIR case is more than 365 days in advance of my H1 expiring but this is not true for the the RIR case (6months of advertisement starting in July => filing in Jan'05, but my H1 expires in Dec'05). So, would it be possible to extend my H1 if I decide to go for RIR filing ?

Thanks,
-hlgc
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WaitingonLC said:
Hi,

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

Thanks.
Click to expand...

I am not sure about my DOT code but I think it is one of those *31 or *32. The job requirement for my position was BS+2 years and I guess that is what is there on my LC. My lawyer told me that the remand is probably due to the the LC certification criteria as laid down in the carlson memo (BS+3yrs/MS+6months).
 
So did you find out what the letter is about?

gc_baba said:
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
Click to expand...
 
Does "Received" status for a case received on 01/21/2003 mean it is a 3 option letter? What are the options given?
 
to rs09

Sorry to hear that. I think you could still re-submit your case after PERM comes.

I have a question. Did DOL give your employer the re-test market option? (3-option letter), or was it an auto-remand?

rs09 said:
I am not sure about my DOT code but I think it is one of those *31 or *32. The job requirement for my position was BS+2 years and I guess that is what is there on my LC. My lawyer told me that the remand is probably due to the the LC certification criteria as laid down in the carlson memo (BS+3yrs/MS+6months).
Click to expand...
 
gp111 said:
You will keep your Priority date of NonRIR application when you convert .. Also for H1 Extension you will be using the original date (PD) when your NonRIR labor was filed so you are good to go for that also.
Click to expand...

gp111, my case is also similar. My company is thinking of filing new RIR for me after withdrawing the nonRIR. If what you say is possible, that will be very good for me. Can you let me know the following?

1) What do we need to do to convert?
2) Can we change the advertisement when we convert?

Thanks..
 
gkmhan said:
gp111, my case is also similar. My company is thinking of filing new RIR for me after withdrawing the nonRIR. If what you say is possible, that will be very good for me. Can you let me know the following?

1) What do we need to do to convert?
2) Can we change the advertisement when we convert?

Thanks..
Click to expand...


gkmhan..
It will be a good idea not to withdraw but convert the application..

1) What do we need to do to convert?

*** Show advertisement / recruitment efforts that fulfills RIR requirements & request SESA to update your applications ( Most likely they will ask you to refile th ETA750 & will consider your original PD)

2) Can we change the advertisement when we convert?

*** no you must not... You must do the advertisement / recruitment efforts for the position which you filed your original application.. otherwise it will be a new application.
 
maggie_LC said:
Sorry to hear that. I think you could still re-submit your case after PERM comes.

I have a question. Did DOL give your employer the re-test market option? (3-option letter), or was it an auto-remand?
Click to expand...

Yeah, DOL did give my employer the 3 option letter. As far as I know, there is no auto-remanding at this momemt.
 
Analysis of CA 999.151-031 applications

Number of cases Not yet "certified" by Month:
January-03 1846
February-03 1534
March-03 1735
April-03 1295
May-03 1411
June-03 1275
July-03 1150
August-03 324
September-03 188
October-03 2

Source: Ftcdatacenter

Is there a downward trend after July?
 
gp111 said:
gkmhan..
It will be a good idea not to withdraw but convert the application..

1) What do we need to do to convert?

*** Show advertisement / recruitment efforts that fulfills RIR requirements & request SESA to update your applications ( Most likely they will ask you to refile th ETA750 & will consider your original PD)

2) Can we change the advertisement when we convert?

*** no you must not... You must do the advertisement / recruitment efforts for the position which you filed your original application.. otherwise it will be a new application.
Click to expand...

Thanks a lot for the reply gp111..

But, here is my problem. My original application got remanded (I think because my requirement had MS+0). I actually have MS+6 months experience before my current job (though including current job I have MS+5 years, I cannot use this because of the stupid rule). So, I was thinking my company can refile using the 6 months experience atleast.

Now the question is whether I can convert or should I refile?

Hopefully, you can better answer my question now that I have the correct details. Thanks once again..
 
Remand to State

Can anybody tell me what "remand to state" mean? My case was remanded to state more than one month ago. My attorney has not received the letter from the DOL yet. Does it mean my case will be handled in the regular line? I have been waiting for nearly three years now. How much longer will my case last? Thank you for your help.
 
Ftcdatacenter data is only accurate up to August First Week...


sarathynp said:
Number of cases Not yet "certified" by Month:
January-03 1846
February-03 1534
March-03 1735
April-03 1295
May-03 1411
June-03 1275
July-03 1150
August-03 324
September-03 188
October-03 2

Source: Ftcdatacenter

Is there a downward trend after July?
Click to expand...
 
Hello All,

I just got a message from my lawyer saying that he recived a 3 option letter for my case :mad: .

The AVM is still saying my case is still in Received state.

I don't know what the next step is going to be.

Praveen
DOL RD 01/21/2003
DOT *****31
Job Requirement : BS +2 or MS +0 Exp
( I had 2+ years of expericance with MS when I started this job)
 
jack144 said:
Does "Received" status for a case received on 01/21/2003 mean it is a 3 option letter? What are the options given?
Click to expand...

Yes Jack. It happend in my case. Case is in "Received" status and we recived a 3 option letter

--praveen
 
gc_baba said:
Hello All,

I just got a message from my lawyer saying that he recived a 3 option letter for my case :mad: .

The AVM is still saying my case is still in Received state.

I don't know what the next step is going to be.

Praveen
DOL RD 01/21/2003
DOT *****31
Job Requirement : BS +2 or MS +0 Exp
( I had 2+ years of expericance with MS when I started this job)
Click to expand...

Hi gc_baba,

How much experience you have shown on the LC ?

Thanks.
 
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