San Francisco Regional DOL Tracker

Dear All,

I had a telecon w/Rajiv Khanna's office regarding this case,where BEC is asking petitioner
to re-advt as recruitment effort is old.The outcome was:

1) This case could be a freak case and maybe the employer did have some discrepancy in advt
and hence BEC is sending RFE.
2) If it is a regular pattern, which shall be seen in coming days/weeks/months,then litigation
can be filed either on an individually or a class action basis.In class action basis,the more the
"injured" cases the better and this shall govern the fee structure.
3) BEC should not be doing this as this shall affect all employers and there would be a mass
scale reaction especially from Employers as that would be additional financial burden on them
to re-advt.
4) Fee structure would be revealed by Rajiv once the damage pattern is evident and it varies
from court to court.

The bottomline is-Let's hope we do not end up in a litigation process and hope BEC does
not create this issue but be prepared...






where_is_it said:
All,

I don't know the magnitude of this issue right now.If it is a regular pattern,we shall see many people getting RFEs in coming days/weeks.

In that case, I recommend that we need to get together as a group and think something in lines of a litigation if it is what we think it is.And I am prettu sure that if Dallas BEC is doing something like this Philli BEC is going to follow the same rules.

Guys,sleep over it over the weekend and be prepared to address this issue.It may not look so threatning at this time but I am guessing that if one case has recd. such an RFE,it becomes very likely for others to recieve it too in same timeframe of PD.And needless to say, we all know what it would mean to re-advt...
Click to expand...
 
Labor certified. Some questions...

Another silent reader

PD: 03/25/2002
RD: 03/31/2003
Case No.: 095537xx
Category: 999.151-031
3 option letter recd on: 03/11/2005
Replied on: 04/21/2005
Approved on: 05/16/2005
Category : EB-3 (BS + 0 years experience)

Thank you for all your support and information.

Now my turn to ask some questions:

(1) What happens if the job description on my H1-B and labor certification is different? In the I-140 form at:
http://uscis.gov/graphics/formsfee/forms/files/i-140.pdf
does the job description on page 6 have to be same as the job description in the labor certification?

(2) Would you suggest that i apply for I-140 & I-485 or I-140 and consular processing?

(3) According to what it looks like the USCIS California Service Center is processing I-140 received on 02/01/2005. According to the Visa bulletin the employment based visa numbers for EB-3 are available for PD of 06/01/2002. So,

(3.1) does that mean that if I file I-140 right away, they will take approx. three months to get to my case?

(3.2) Is it possible that if I file I-140&I-485 and by the time they get to my case the visa numbers will retrogress?

Thanks,
Green_Lover
 
COngratulations..

green_lover said:
Another silent reader

Now my turn to ask some questions:

(1) What happens if the job description on my H1-B and labor certification is different? In the I-140 form at:
http://uscis.gov/graphics/formsfee/forms/files/i-140.pdf
does the job description on page 6 have to be same as the job description in the labor certification?

H1B Job description does not matter. in I-140 put Job Description matching to LC
(2) Would you suggest that i apply for I-140 & I-485 or I-140 and consular processing?

I-140 & I-485 Concurrent Filing. You will get your GC in next 5 months


(3) According to what it looks like the USCIS California Service Center is processing I-140 received on 02/01/2005. According to the Visa bulletin the employment based visa numbers for EB-3 are available for PD of 06/01/2002. So,

(3.1) does that mean that if I file I-140 right away, they will take approx. three months to get to my case?

Yes


(3.2) Is it possible that if I file I-140&I-485 and by the time they get to my case the visa numbers will retrogress?

It is possible. & THAT IS WHY YOU SHOULD FILE BOTH NOW. If that happens your I-140 will be approved but I-485 will be pending till it again crosses your PD. You will still be able to get EAD / AP / H1B extension / Job Change (AC-21) as your 485 will be pending.

Thanks,
Green_Lover
Click to expand...

Do not waste a day & go for concurrent filing.
good luck
 
Spreadsheet from Apr 1 to Apr 11

Check the attached spreadsheet from Apr 1 to Apr 11.

There are plenty of 3/11 cases are skipped.

vpHope said:
Raj
How much time they took for 4/11 cases??
Click to expand...
 
oops..

:) got mistakes ...

this is for the 90 days after concurrent filing , they will notify you in CA ...
(they stop this experienment )

concurrent filing is still good !

gp111 said:
Who Told you so ? ConCurrent Filing is still doable as long as your PD is current.
Click to expand...
 
Approvals 5/25

Case#----Cert--RD-------DOT/OCC
09559659 5/25 4/14/2003 999.371-012
09559660 5/25 4/14/2003 999.493-023
09559667 5/25 4/14/2003 999.113-031
09559674 5/25 4/14/2003 999.411-011
09559678 5/25 4/14/2003 999.519-071
09559680 5/25 4/14/2003 999.351-011
09559683 5/25 4/14/2003 999.371-011
 
rajhmal said:
Case#----Cert--RD-------DOT/OCC
09559659 5/25 4/14/2003 999.371-012
09559660 5/25 4/14/2003 999.493-023
09559667 5/25 4/14/2003 999.113-031
09559674 5/25 4/14/2003 999.411-011
09559678 5/25 4/14/2003 999.519-071
09559680 5/25 4/14/2003 999.351-011
09559683 5/25 4/14/2003 999.371-011
Click to expand...


Thanks Raj
 
This forum is excellent! I wish I had found it weeks ago; I can't get much information from my attorney. I'm with all the other 4/11 cases stuck in SF, and I'm waiting patiently and anxiously for news. The spreadsheet that was posted is very useful, and confirms my status etc., but can someone explain what all the other columns mean? E.g., columns B, F, G, H, I, M ... especially "R' or "r" in column B?

Apologies if this has been explained earlier, but 196 pages of posts is a lot to go through!

Good luck to all. This waiting is very stressful.
 
Theteeset,

Here are the column headers for the spreadsheet. It doesn't matter whether it is 'r' or 'R' in Column B It shows Status (r,R Received)

Case_Num Status R_RO OCC Salary Unit_of_Pay Prevail_Wage Unit_of_Pay_Prev R_SO Reduction_In_Recruit Visa State_Case_Num State Phone Name Last First MI Prefix Add2 Add1 City State_1 Zip NofIssued Case_Type R_RO Last_Event_Dt OCC TItle_1 SVP Event_Desc

theteeset said:
This forum is excellent! I wish I had found it weeks ago; I can't get much information from my attorney. I'm with all the other 4/11 cases stuck in SF, and I'm waiting patiently and anxiously for news. The spreadsheet that was posted is very useful, and confirms my status etc., but can someone explain what all the other columns mean? E.g., columns B, F, G, H, I, M ... especially "R' or "r" in column B?

Apologies if this has been explained earlier, but 196 pages of posts is a lot to go through!

Good luck to all. This waiting is very stressful.
Click to expand...
 
rajhmal said:
Theteeset,

Here are the column headers for the spreadsheet. It doesn't matter whether it is 'r' or 'R' in Column B It shows Status (r,R Received)

Case_Num Status R_RO OCC Salary Unit_of_Pay Prevail_Wage Unit_of_Pay_Prev R_SO Reduction_In_Recruit Visa State_Case_Num State Phone Name Last First MI Prefix Add2 Add1 City State_1 Zip NofIssued Case_Type R_RO Last_Event_Dt OCC TItle_1 SVP Event_Desc
Click to expand...

Superb! Many thanks Raj. I was a bit worried that "R" meant "remanded," but I assume if this was so, the case would not be listed for the SF DOL at all.

Frustrating to see later cases getting approved. This is like a supermarket queue when a new checkout opens and people behind you move across and get through before you. Exactly what my attorney assured me would *not* happen!

Sigh.
 
Approvals

Case#----Cert-RD--------DOT/OCC
09559688 5/26 4/14/2003 999.436-014
09559689 5/26 4/14/2003 999.151-032
09559707 5/26 4/14/2003 999.516-052
09559708 5/26 4/14/2003 999.372-021

As the fate goes, my case falls in to the skipped territory. My case was applied BS+5 as the requirement. I was hoping my case will be cerrtified without NOF, because some of my employer cases were certified, and some received NOF's.
My company doesn't test the market (Corporate policy on this issue) and it could be a long wait....
 
Last edited by a moderator:
rajhmal said:
Case#----Cert-RD--------DOT/OCC
09559688 5/26 4/14/2003 999.436-014
09559689 5/26 4/14/2003 999.151-032
09559707 5/26 4/14/2003 999.516-052
09559708 5/26 4/14/2003 999.372-021

As the fate goes, my case falls in to the skipped territory. My case was applied BS+5 as the requirement. I was hoping my case will be cerrtified without NOF, because some of my employer cases were certified, and some received NOF's.
My company doesn't test the market (Corporate policy on this issue) and it could be a long wait....
Click to expand...

Lets hope for the best, good luck :)
 
rajhmal said:
Case#----Cert-RD--------DOT/OCC
09559688 5/26 4/14/2003 999.436-014
09559689 5/26 4/14/2003 999.151-032
09559707 5/26 4/14/2003 999.516-052
09559708 5/26 4/14/2003 999.372-021

As the fate goes, my case falls in to the skipped territory. My case was applied BS+5 as the requirement. I was hoping my case will be cerrtified without NOF, because some of my employer cases were certified, and some received NOF's.
My company doesn't test the market (Corporate policy on this issue) and it could be a long wait....
Click to expand...

Donot be sad. Everybody here appreciates your hard work and updates. Thanks Raj.
 
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