San Francisco Regional DOL Tracker
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tonysharma
Registered Users (C)
gp1975 said:
Effective October 17, 2000, The American Competitiveness in the Twenty-First Century Act, (AC21) provides that approved I-140 petition for employment based greencard would remain valid even when an alien changes jobs, if:
Employment based Adjustment of Status(I-485) has been filed and remained unadjudicated for 180 days or more; and
the new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If an alien has complied with the above statutory requirements, adjudicators shall not deny applications for adjustment of status on the basis that the alien has changed jobs. Under present practices it is expected that an I-485 applicant notify the USCIS service center when they no longer intend to enter into employment with the employer who sponsored them on the I-140 petition. USCIS would continue to expect the applicant to submit a letter notifying USCIS of this change in intent. If the Adjudicator has reason to believe that the applicant's intent has change a Request For Evidence(RFE) may be issued to clarify the applicant's intent in regards to employment.
In instance where the applicant no longer intends to be employed by the employer who sponsored him/her on the I-140, the USCIS would request a letter of employment from the new employer. The letter from the new employer verifying that the job offer exists should contain the new job title, job description and salary. This information is necessary to determine whether the new job is in the same or similar occupation and to determine whether the alien is admissible under the public charge ground of inadmissibility. What exactly 'similar' means is not very clear and it is subjective. To determine whether a new job is in the same or similar occupational classification as the original job for which the certification or approval was initially made, the adjudicating offer would consult the Department of Labor's Dictionary of Occupational Titles or its online O*NET classification system or similar publications. But these sources are somewhat vague in defining jobs, especially so in the IT industry. The DOT quite outdated that and it contains no definitions for many IT jobs such as System Administrator. So, safest thing is to change jobs whose title and description almost exactly matches the job under which the greencard was originally filed.
If you would like to change the job using this law, you can join your new employer using EAD, but getting an H-1B for the new employer is safer in case the I-485 is denied.
dask_1 said:Hi All,
Anybody still waiting for the decision on 3 option letter from DOL.Mine was replied back in Oct 2004 ,AVM still says received.
Any response is highly appreciated.
Thanks
dask_1
Iam still waiting.. mine was replied on Oct 25.. worst part is I don't have direct communication with attorney..
Hi All, Those we got certified with option letter,
what is the status on AVM -'Certified'?
Thanks.
gp1975 said:
Basically a Skilled Labor Green Card Process is for Future Employee hence the future employee need not be in Pay Roll.
Alternatively If he is allready in USA and working with same employer some other benefits like EAD, AC21 can be utilized other wise he should go to Consular Processing in his Native country. So
A employee need not be present in any of these process
1.LC
2.I-140
3.I485
In simple term and not detailed.
At LC - Min gaurenteed Salary is verified
At I-140 Emloyers ability to Pay is verified
At I-485 Again it is verified and if he is allready with employer by means of Pay roll cheques.
Hi niv,niv said:
What is your DOT code mine is 031.I am just trying to figure out something as to what is delaying the process.Is it the Dot code or something else.
Those who got certified are probably out of this forum and it is difficult to know what the AVM stated in their case.
This is getting unbearable day after day.Is there any number where we can directly contact any DOL official and enquire about our cases....just wondering.
Thanks
dask_1
PainfulGC123
Registered Users (C)
Hello all,
My lawyer just called me and faxed me a copy of my 45-day BEC letter. The letter is dated Feb 17, 2005 and he received it today (Feb 23, 2005). They have requested the following in the corrections list:
Verification of the employer is completed during the initial review of the application. We were unable to verify the employer's existence. In order to continue processing, you must submit a copy of the employer's articles of incorporation, business license, state registration or other official documents that establish the employer applicant as a bona fide business entity.
Failed existance check: Employer's address does not reference back to employer's name.
Failed existance check: Employer's phone number does not reference back to employer's name.
Gurus, please let me know how your attorney responded to the above issue.
Thanks!
mvinays
My lawyer just called me and faxed me a copy of my 45-day BEC letter. The letter is dated Feb 17, 2005 and he received it today (Feb 23, 2005). They have requested the following in the corrections list:
Verification of the employer is completed during the initial review of the application. We were unable to verify the employer's existence. In order to continue processing, you must submit a copy of the employer's articles of incorporation, business license, state registration or other official documents that establish the employer applicant as a bona fide business entity.
Failed existance check: Employer's address does not reference back to employer's name.
Failed existance check: Employer's phone number does not reference back to employer's name.
Gurus, please let me know how your attorney responded to the above issue.
Thanks!
mvinays
PainfulGC123
Registered Users (C)
My employer is a large well known company with more than 3500+ employees. My lawyer told me that he was at the DOL conference last month and they mentioned about the problem with their database. Hence the failed existence check.
As your question, There are so many uncertainties.dask_1 said:Hi niv,
What is your DOT code mine is 031.I am just trying to figure out something as to what is delaying the process.Is it the Dot code or something else.
Those who got certified are probably out of this forum and it is difficult to know what the AVM stated in their case.
This is getting unbearable day after day.Is there any number where we can directly contact any DOL official and enquire about our cases....just wondering.
Thanks
dask_1
mine was 072.
I have no idea otherthan AVM...
waitinginlimbo1
Registered Users (C)
AVM says "Certified".My DOT code was 031 too.3 option replied back in third week of Oct '04.Hope this helps.Good luck.
dask_1 said:Hi niv,
What is your DOT code mine is 031.I am just trying to figure out something as to what is delaying the process.Is it the Dot code or something else.
Those who got certified are probably out of this forum and it is difficult to know what the AVM stated in their case.
This is getting unbearable day after day.Is there any number where we can directly contact any DOL official and enquire about our cases....just wondering.
Thanks
dask_1
Last edited by a moderator:
one of the "unlucky" ones
I am starting to feel really depressed and worried...
I have seen quite a few cases with an SF PD of 10/03 who have already received their 45 day letter. In my company, cases with an SF PD of 3/04 and 6/04 have also received their 45 day letters.
Mine being the "oldest" case filed is still in limbo waiting for any news.
I requested my employer to check on the status of my case and have not heard back from them.
Am I the only one left?... anyone else with an SF PD of 10/06/03?
============
SF RD 10/06/03
SF PD 10/06/03
RIR
I am starting to feel really depressed and worried...
I have seen quite a few cases with an SF PD of 10/03 who have already received their 45 day letter. In my company, cases with an SF PD of 3/04 and 6/04 have also received their 45 day letters.
Mine being the "oldest" case filed is still in limbo waiting for any news.
I requested my employer to check on the status of my case and have not heard back from them.
Am I the only one left?... anyone else with an SF PD of 10/06/03?
============
SF RD 10/06/03
SF PD 10/06/03
RIR
Mine is also 10/2003. I have NOT gotten the letter. So, hang in there!!
sarj said:I am starting to feel really depressed and worried...
I have seen quite a few cases with an SF PD of 10/03 who have already received their 45 day letter. In my company, cases with an SF PD of 3/04 and 6/04 have also received their 45 day letters.
Mine being the "oldest" case filed is still in limbo waiting for any news.
I requested my employer to check on the status of my case and have not heard back from them.
Am I the only one left?... anyone else with an SF PD of 10/06/03?
============
SF RD 10/06/03
SF PD 10/06/03
RIR
waitingInHope
Registered Users (C)
How do you know that cases from NY/NJ/IN have a 2001 PD. What I saw from the website is that DOL NY region is processing cases for 06/2004 (RIR). Can you provide a link that indicates that cases in that region have 2001 PD?
Anand_Mishra said:CA cases which has gone to Philly BEC are doomed. Philly BEC are a month behind from Dallas BEC. More so, I can see all the RIR cases with PD 2001 from NY/NJ/IN are poring in there.
I think it will take minimum a year to reach the earliest CA cases with PD May 2002 RIR on Philly. God know when they will touch our cases.
waitingInHope
Registered Users (C)
Thanks gp111. In the Dallas region I see Arkansas SWA processing cases for 2001 as per Jan'05 data. Do you think Arkansas cases ahve gone to Dallas BEC as it comes in DALLAS DOL? But I guess there would not be many cases froim Arkansas.
gp111 said: